Published: 2021-03-13

“Grave risk” in the Meaning of Article 13 (b) of the Abduction Convention: Review of the Latin American Jurisprudence

Piotr Króliński
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.1.10

Abstract

Latin America is an idiosyncratic region as regards the Hague Convention on the Civil Aspects of International Child Abduction. A number of factors provoking relocation, in particular the common language, make Latin American case-law an extensive collection of material worth a special review. Te application of the exception in Art. 13. b of the Convention as practised in Latin American courts offers a record of the most frequent pathologies in the domestic and outdoor environment, reflecting the way in which the courts tend to address these problems. The most frequently invoked reasons justifying abduction include domestic violence, social unrest, and separation from the parent who is the primary carer. Various conditions deriving from the case-law have to be met to successfully invoke the grave risk exception. The problems faced by Latin American courts are the same as those addressed by European courts. This fact is a cogent argument for the establishment of a supranational court to hear cases under the Hague Convention.

Keywords:

Te Hague Convention; parental child abduction; Latin America; domestic violence; grave risk.

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Citation rules

Króliński, P. (2021). “Grave risk” in the Meaning of Article 13 (b) of the Abduction Convention: Review of the Latin American Jurisprudence. Zeszyty Prawnicze, 21(1), 271–299. https://doi.org/10.21697/zp.2021.21.1.10

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