Grave Risk – Art. 13(1)(b)
The 1980 Convention states that a court may refuse to order the return of the child if it would ‘expose the child to physical or psychological harm’. The difference between a grave risk of exposure to harm and a grave risk of suffering harm may be important, because the former test is an extension of the latter.
In situations where, upon the child’s return to the country of habitual residence, there will be a judicial determination of questions concerning the child’s care, it will often be the case that assertions of risk of exposure to harm will not be established, though the Australian court is not relieved of its obligation to give proper effect to the provisions of the Regulations.
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