International Child Abduction: The Complexities of Forensic Psychiatric Assessments Before the Hague Convention.

Mitesh Patel,Graham Glancy,Shawn Baldeo,Pip Swartz

doi:10.3389/fpsyt.2021.654634

Abstract

The Hague Convention is an international intergovernmental agreement that facilitates the return of abducted children to lawful parents across international borders. Children may not be returned if it can be established that the return would result in harm to the child. Forensic psychiatrists may be called upon to provide an expert opinion regarding the potential harm to come to a child, as well as various other psycholegal issues. We discuss interpretations and precedents regarding this law and the possible contributions of forensic psychiatrists. We also discuss two hybridized case examples involving international child abduction and proceedings before the Hague Convention. We will discuss issues that arose after psychiatric evaluations in each case.

Highlights

The Hague Convention assists member nations in addressing international child abduction (ICA)
We present two hybridized case vignettes based upon clinical case examples of children who were assessed by a dually qualified Canadian Child and Adolescent Forensic Psychiatrist in relation to potential repatriation to a home country under the Hague
Antoine’s legal counsel retained a Forensic Psychiatrist to provide an expert opinion as to whether Antoine was capable of making decisions regarding his country of residence, and to detail the potential harm that may come to him should he be returned to the United States (US)

Summary

INTRODUCTION

The Hague Convention assists member nations in addressing international child abduction (ICA). Antoine’s legal counsel retained a Forensic Psychiatrist to provide an expert opinion as to whether Antoine was capable of making decisions regarding his country of residence, and to detail the potential harm that may come to him should he be returned to the US. As per his psychiatric assessment, Antoine was determined to be a “mature minor,” given that he was able to understand and appreciate the nature and consequences of his decisions, those related to determining his country of residence. Louise was ordered to be returned to Italy given that she was determined to not meet criteria for grave significant harm should she be placed under the care of her mother

DISCUSSION

CONCLUSION

DATA AVAILABILITY STATEMENT