Civil Aspects of International Child is “a grave risk that his or her issues related to the safety of the Abduc- tion23 provides that apart return would expose the child to child and the accompanying from a few defenses, children physical or psychological harm or parent.”27 Neuroscience helps abducted from their country of oth- erwise place the child in an judges assess “grave risk” in the habitual residence should be intolerable situation.” In 2010 the domestic violence context. The quickly returned. Many “taking” U.S. State Depart- ment toxic stress that harms developing parents are caregiver mothers24 acknowledged that “many” U.S. brains comes from living in a who assert that they were fleeing courts ignore the scientific chronic state of tension and fear. domestic violence to secure safety evidence doc- umenting that The risk for children cannot be for their children and them- domestic violence against measured solely by the gravity of selves.25 They invoke the section mothers harms children and their mother’s physical wounds. 13(b) defense, which states that a return chil- dren to their mothers’ child need not be returned if there abusers,26 raising “significant 35 • Summer 2014 Judges’ Journal The
Civil Aspects of International Child Abduc- tion23 provides that apart from a few defenses, children abducted from their country of habitual residence should be quickly returned. Many “taking” parents are caregiver mothers24 who assert that they were fleeing domestic violence to secure safety for their children and them- selves.25 They invoke the section 13(b) defense, which states that a child need not be returned if there is “a grave risk that his or her return would expose the child to physical or psychological harm or oth- erwise place the child in an intolerable situation.” In 2010 the U.S. State Depart- ment acknowledged that “many” U.S. courts ignore the scientific evidence doc- umenting that domestic violence against mothers harms children and return chil- dren to their mothers’ abusers,26 raising “significant issues related to the safety of the child and the accompanying parent.”27 Neuroscience helps judges assess “grave risk” in the domestic violence context. The toxic stress that harms developing brains comes from living in a chronic state of tension and fear. The risk for children cannot be measured solely by the gravity of their mother’s physical wounds. Summer 2014 • The Judges’ Journal 35