El retorno seguro del menor¿puente entre la excepción de grave riesgo y la obligación de devolución?

Abstract

The 8ª Meeting of the Special Commission on the practical operation of the 1980 and 1996 Hague Convention noted the decrease of the number return proceedings according to the statistical study presented for the Commission. However, despite the above information, the proportion of refusals to return on the basis of the Article 13(1)(b) exception had almost doubled compared with the results of the 2015 statistical study. The purpose of this paper is the relation between the grave risk exception and the notion of safe return from the perspective of the legal text and also how the national courts and other authorities are applying the exception and the safe return of the child in their resolutions in cases which the 1980 Hague Convention is applicable alone or when it is the Brussels model regime.