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RESEARCH PRODUCT

La sustracción internacional de menores en tiempos de Coronavirus: ¿una oportunidad para el progenitor sustractor?

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The sanitary crisis caused by the COVID-19 pandemic is likely to have a significant impact on international child abduction proceedings, both from the procedural and substantial perspective. Particularly worrisome is the impact of the pandemic on the duration of the proceedings and on the effectivity of the return of the child, taking into account the special effect that time has on children. The pandemic also opens the door to new interpretations to the exception of return of the child in cases of grave risk of physical or psychological damage to the child. While the left-behind parent will face important obstacles in order to achieve a fast and safe return of the child in this context, the abducting parent will see an opportunity to justify the non-return of the child.