One of the most significant challenges in handling a Hague child abduction case lies in dealing with claims of domestic violence. These claims occur at an incredibly high rate in Hague cases and are amongst the most difficult aspects for any family law practitioner.
Under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”), courts around the world whose countries are parties to the Hague Convention are empowered to return children who are wrongfully abducted and taken across international borders. In the United States, these cases are heard in the state district and federal courts.
Understanding the Risks of a False DV Claim in Hague Litigation
When a claim of international child abduction is made, the parent alleged to have wrongfully removed the child can defend his or her act by alleging that returning the child would face a “grave risk of physical or psychological harm”. If this is successful, the court has the discretion under Article 13(b) of the Hague Convention to allow the child to remain in the new country. By far, the most common risk of harm made is that the removing parent left the child’s home country (or country of “habitual residence”) due to domestic violence. In fact, in my experience, such claims are made in virtually every, single case!
Domestic violence is, of course, a horrific reality, not just in my community of Denver, but all over the world. And, while it is not a new phenomenon, evidence suggests that the rates of domestic violence are rising. In my own professional experience, more can and should be done to protect victims, including child victims.
In Colorado, the number of homicides due to domestic violence reached an all-time high in 2022, according to a report from the Colorado Attorney General’s office. On a national level, one in three women and one in four men have experienced physical violence from an intimate partner in their lifetime, according to the Centers for Disease Control and Prevention. Similar rates have been reported worldwide by the World Health Organization.
The reality is that judges will always carefully review any claim of domestic abuse, as they should. However, such claims are very difficult to either prove or disprove for a variety of reasons, the most prominent of which is that there are rarely witnesses beyond the alleged perpetrator and the alleged victim. When it comes to child custody litigation, sadly, there is an enormous incentive to lie. And, doing so causes great harm both to real victims and the interests of justice.
Legal Considerations and Complications
In cases specifically involving the Hague Convention, it is essential to note that the allegation must include not only that the abuse occurred, but that there is a “grave risk” that it will be repeated. Moreover, the “grave risk” must be to the actual child, not just the parent, whether the direct victim of the alleged violence was the parent or the child.
To complicate matters further, Hague Convention claims are to be adjudicated “expeditiously”. Under Article 11, a forum country where the claim is made can be asked to explain the reasons for any delay beyond six weeks of the request for return. This means that an already difficult proof problem, which most often requires live testimony from each of the parties and often experts hired by each party, is made ever more difficult by this accelerated pace of litigation.
These are some of the most challenging (and rewarding) cases I have handled in my career. Achieving justice for these cases involves a careful balancing act of helping the courts sort through the facts while ensuring the kids caught in the middle achieve quick and effective justice, as international law requires.
Denver Domestic Violence Lawyers
If you need assistance obtaining an Emergency Protection Order, The Harris Law Firm in Denver, CO, is here to help. Our experienced attorneys specialize in family law and are dedicated to guiding victims of domestic violence through the legal process. We understand the urgency and complexity of these cases and prioritize helping you achieve safety and protection. Contact us today at (303) 622-5502 to learn how we can provide compassionate and effective legal support tailored to your situation. Your safety is our top priority, and we are ready to assist you in securing a safer future.
About the Author
Richard A. Harris
Attorney Rich Harris, Managing Partner of The Harris Law Firm, is widely respected throughout Denver’s legal and business communities for his decades of service and commitment to justice. Rich has been recognized by numerous leading legal organizations including Best Lawyers in America® in 2025 , Super Lawyers®, and The Denver Post as a Top Lawyer of Colorado. He consistently maintains an Avvo Rating of 10.0 out of 10.0.
In addition to being a force in the courtroom, Attorney Harris is a well-known legal writer and speaker. He is a co-author of the Colorado Family Law Deskbook, has been featured on local news broadcasts, and has authored numerous articles and presentations across a broad range of family law topics.
Rich is a proud member of IR Global and is dedicated to providing seamless cross-border solutions. This membership allows his firm to assist clients with international legal matters both in family law and business sectors.