Mexico reckons domestic violence as a grave risk exception for Hague Convention

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:

1. (i) assess whether the risk is serious, real, present, direct and proven;
2. (ii) discard any gender stereotypes or prejudices;
3. (iii) analyse the facts with sensitivity to the multiple consequences that gender has on people’s lives;
4. (iv) if possible, listen to the child’s opinion and consider it in their determination;
5. (v) prioritise the use of psychological expert evidence;
6. (vi) apply human rights standards to the persons involved in the dispute; and
7. (vii) assess the differentiated impact of the proposed solution and the neutrality of the norm.

Read the official full text in Spanish: https://www.internet2.scjn.gob.mx/red2/comunicados/comunicado.asp?id=7325