Is there an exception to the Convention of Human Rights in the context of domestic violence?

Among those exceptions is the "grave risk" defense: Article 13(b) of the Convention provides that "the judicial . . . authority . . . is not bound to order the return of the child if the person . . . which opposes its return establishes that . . . there is a grave risk that his or her return would expose the child to physical or psychological harm or would otherwise place the child in an intolerable situation." Convention, art. 13(b), 19 I.L.M. at 1502. The case law reflects that

"domestic violence is a common inciter to 'abduction'-the abused spouse flees and takes her children with her." Khan v. Fatima, 680 F.3d 781, 784 (7th Cir. 2012). This "grave risk" defense thus reflects the proposition that "the remedy of return . . . is inappropriate when the abductor is a primary caretaker who is seeking to protect herself and the children from the other parent's violence." Id.