Restitución internacional de menores ¿Quién investiga a los progenitores que sustraen a sus hijos?
International return of children. Who investigates parents who kidnap their children?

Summary/Abstract: Defenses based on gender-based violence are increasingly used by abductors when they are asked for the international returning of their children. It is necessary to strengthen awareness that the “grave risk of harm” provided for in article 13 b of the Hague Convention on the Civil Aspects of International Child Abduction applies only in exceptional cases and that it is the one who intends to use the exception who must prove both the risk of harm and that it wouldn’t be contained in the State in which the child is habitually resident. Subjecting to expert examinations only the parent who requests the restitution not only results in lengthening the process, by producing evidence that should be produced in the child’s habitual residence, but also implies a violation of the principle of equality before the law.

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