Lawyers Manual - Unified Court System

Conclusion
Civil Aspects of International Child Abduction and Abused Mothers 137
Litigating Hague Convention cases on behalf of abused mothers is
challenging in light of the Convention’s primary purpose of ensuring prompt
return of abducted children to their country of habitual residence. In the Second
Circuit, however, the Article 13(b) grave risk exception has been successfully
used on behalf of battered women who have fled abusive households with their
children. Expert testimony from a child psychiatrist, as well as an exploration of
alternative arrangements in the country of habitual residence that would protect
the child from “grave risk” are of critical importance in the court’s analysis.
Whether the children are well settled in their new environment and whether they
object to the return are also important factors to consider.
Despite the Hague Convention’s primary purpose to maintain the status
quo and return children to their countries of habitual residence, the 13(b)
grave risk exception provides a potential avenue by which mothers and
children may flee to another country, escape their abusers, and avoid returning
to an abusive household.