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Hague Convention | Return refused | Undertakings unavailable

The U.S. Court of Appeals for the Sixth Circuit issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox. The decision discusses the role that undertakings should play in rulings that concern the defense against return of the child or children to the left-behind parent. Undertakings generally are safeguards to protect the children from being exposed to, for example, domestic violence or abuse after return.

Full post as published by Updates in Michigan Family Law on August 27, 2009 (boomark / email).