The Hague Convention on International Child Abduction has safeguards to protect the child and prevent a return to a parent who is not using their custodial time. The Treaty does allows for the refusal to return a child if they would face a “grave risk” such as physical or emotional harm.

Under The Hague Convention on International Child Abduction a child of sufficient age and capacity is allowed to contribute their thoughts and feelings on child custody and being returned. Each court will have its own rules on how this communication is to happen and most are concerned with not causing undo harm an stress to the child and their relationship with their parents.

Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a) the person, institution or other body having the care of the person of the child was not actually
exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) there is a grave risk that his or her return would expose the child to physical or psychological
harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities
shall take into account the information relating to the social background of the child provided by the
Central Authority or other competent authority of the child’s habitual residence.