Situations in which it is not possible to secure a child's return

In some cases, your child may remain with your former spouse in another country despite your actions under the Convention. For example, if your former spouse can prove to a court that:

  • you are not actually exercising a custody right;
  • you consented to your child's removal to another country;
  • your child objects to being returned;
  • there is risk that the child's return would expose the child to physical or psychological harm;
  • your child has settled in his or her new environment (and has been for more than a year).
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