As noted in our preceding article, the Hague Convention is a treaty by which signatories nations agree to the return of an abducted child to the country of habitual residence. The purpose of the Hague Convention is to prevent “forum shopping” by which a parent seeks adjudication of the custody dispute in what he/she considers a favorable jurisdiction.
This brief paper will have a dual focus. First it will outline how the use of forensic evaluators in these cases differs from the use of forensic evaluators in custody cases where the evaluator is the court appointed neutral expert. We will then briefly focus on the nuances related to one of the exceptions (or affirmative defense) in Hague cases, that by which a return of the subject child to the country of habitual residence may not be enforced if it can be proven that such a return would cause psychological or physical harm to the child in question.
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