When a Hague Convention Member State Makes A Decision It Is Not Grounds To Deny A Return Order

There are many procedural steps to be taken in a Hague Convention case, and just because one state makes a ruling, doesn’t mean it prevents other rulings. When a child has been abducted or wrongfully retained in a member state, if that state makes a decision on an emergency basis, the emergency ruling may not be grounds alone, to refuse to return a child to another member state.

Emergency custody decisions are made to protect a child, and they may be used to temporarily stop a process.

Article 17
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.

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