Is a party's failure to raise allegations of harm in a Convention signatory state determinative of a failure to meet the threshold test of grave risk of harm?
Ontario, Canada
The following excerpt is from Achakzad v. Zemaryalai, 2009 CanLII 49896 (ON SC):
The father cited cases where the failure of a party to raise allegations of harm in a Convention signatory state may be determinative of a failure to meet the threshold test of grave risk of harm (see Moller v. Despoja-Moller, [2001] O.T.C. 964, T.B. v. J.B (Abduction: Grave Risk of Harm), [2001] 2 F.L.R. 515 (U.K. C.A.)).
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