Glossary · Swiss and international law

Exceptions to return (Hague 1980 art. 13)

Restricted grounds on which return of the child may be refused — strictly construed by the courts.

Reference : HCCH Convention 1980 — art. 13

The seised authority may refuse return only if :

  • (a) the petitioner was not actually exercising custody rights at the time of removal, or had consented or acquiesced afterwards;
  • (b) there is a grave risk that return would expose the child to physical or psychological harm or place the child in an intolerable situation;
  • the child’s objection, where the child has reached an age and maturity at which it is appropriate to take their views into account (interpreted as ~10-12 years across jurisdictions).

The evidentiary threshold is high. The Swiss Federal Tribunal strictly applies these tests : mere inconvenience, parental disagreement or a less favourable environment are not enough.

See also