Grave Risk | Domestic Vio­lence

Even though the child is not directly harmed by violent conduct against a parent and his or her family, the child may be subjected to grave risk of physical and/or psychological harm as a result of that violence.

This is a “mirror image” order that is designed to be entered in both the U.S. court making the order and in the courts of the child’s habitual residence. This order directs that it be sent to the U.S.

Habitual Residence

Mozes remains the most-followed case for determining habitual residence and stands out as the most-cited circuit case dealing with the 1980 Convention.

Facts

Interpreting the Convention | Custody Rights | Ne Exeat Clauses^[1]