Judge James Garbolino, Judge Marcia Krieger (D. Colo.), and Judge Peter Messitte (D. Md.) discuss the five defenses to an action for return of a child. These five defenses are narrowly defined and require specific standards of proof. A court also may refuse a petition for return of a child if the child objects to return, and, based on the age and maturity of the child, the court determines it is appropriate to consider the child’s views. Practical issues about interviewing children for such a determination are also discussed.

This is one of several 1980 Hague Convention on International Child Abduction video tutorials.

This video is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.​