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1980 Hague Abduction Convention Article 13(a) defences: consent, acquiescence, non-exercise of rights of custody, and repudiatory retention - principles and practice

Published by a LexisNexis Family expert

Practice notes

Defences under article 13(a)

This Practice Note explains the article 13(a) defences that can be relied upon when answering an application made under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention). The available bases are that the left behind parent either consented to, or subsequently acquiesced in, the child’s removal or retention, or that the left behind parent was not, at the relevant time, actually exercising their rights of custody.

For practical guidance on defences to an application under the 1980 Hague Convention, see Practice Notes:

Child abduction—introduction to defences under the 1980 Hague Convention
Defences under the 1980 Hague Convention—child settled in new jurisdiction
Defences under the 1980 Hague Convention—grave risk of physical or psychological harm
Defences under the 1980 Hague Convention—child’s objections to return
Child abduction—defences in response to an application under the 1980 Hague Convention—flowchart

For practical guidance on proceedings under the 1980 Hague Convention, see:

Child abduction—introduction and issuing proceedings (1980 Hague Convention)
Child abduction—procedure and evidence (Hague Convention)
Hague Conventions—toolkit for family practitioners
Child abduction—applications under the 1980 Hague Convention—flowchart...

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Web page updated on 22/05/2026

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