Mexico City, April 18, 2023, by Mexican Supreme Court
The Supreme Court of Mexico established that the “grave risk” exception not only applies when the child is a direct victim of harm but also when he or she is a witness to violence within the family, because such acts can profoundly affect his or her well-being and psychological development.
Guidelines to assess domestic violence under the 1980 Hague Convention
When faced with an allegation of domestic violence in international return cases, the jurisdictional authorities must:
- (i) assess whether the risk is serious, real, present, direct and proven;
- (ii) discard any gender stereotypes or prejudices;
- (iii) analyse the facts with sensitivity to the multiple consequences that gender has on people’s lives;
- (iv) if possible, listen to the child’s opinion and consider it in their determination;
- (v) prioritise the use of psychological expert evidence;
- (vi) apply human rights standards to the persons involved in the dispute; and
- (vii) assess the differentiated impact of the proposed solution and the neutrality of the norm.