Abduction: Children
The question
To ask the Secretary of State for Justice, with reference to Article 13(b) of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, what steps she is taking to ensure the definition in UK law of "grave risk of harm" includes domestic violence.
Answered by Alex Davies-Jones
There is no legal definition of “grave risk of harm” in England and Wales. In the 1980 Hague Child Abduction Convention court cases about the return of a child where one of the parties seeks to demonstrate there is a grave risk of harm under Article 13(b) in the specific case, evidence of domestic abuse can be put before the court. It is a matter for the independent court hearing a case under the 1980 Hague Convention to assess the evidence put before the court and to decide if a grave risk of harm is established.
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