“A hearing under the Hague Convention is not a custody hearing. It is aimed at “enforcing custody rights and securing the prompt return of wrongfully removed or retained children to their country of habitual residence”: Balev, at para. 24; Hague Convention, art. 1. It is meant to restore the status quo that existed before the wrongful removal or retention. Its purpose is to return the child to the jurisdiction that is most appropriate for the determination of custody and access: Balev, at para. 24.
Article 13(b) of the Convention sets out a narrow exception to the mandatory return of a wrongfully abducted child. The parent opposing return must establish “a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.” This grave risk analysis is not meant to become an in-depth analysis of the parties’ history. Nor is it a re-do of extensive court proceedings in the foreign state.”