These are the defenses that your spouse can raise under the Hague Convention:

Child Custody Rights Defenses

  • You did not have custody rights.
  • You were not actually exercising your custody rights at the time of removal.

Wrongful Removal or Retention Defenses

  • You agreed to the removal.
  • You acquiesced later to the removal.

Defenses Related to Child

  • The Grave Risk Defense. There is a grave risk that his or her return would expose the child to physical or psychological harm or other place the child in an intolerable situation.
  • The child objects and has attained an appropriate age and maturity.
  • The child has been integrated into his community and environment for over a year.
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