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Below are readers' questions about 'Child Abduction', which we have chosen to answer. More detailed information on 'Child Abduction' can be found on our main website, Family Law in Israel.
I divorced my husband with whom I have lived in Denmark. I came for a visit with our 14 year old daughter, to Israel, and she does not want to return to Denmark. Her father says he is going to sue me for abduction under the Hague, what can I do?
If your daughter's true will is to stay in Israel, then her wish to stay and her unwillingness to return to Denmark (the center of her life) will be taken into consideration by the Court in Israel, in view of her age (14) and there is a chance that the Court will not order her return to Denmark.
My ex husband lives in New York and would like our two minor children to visit him there. I am afraid to allow it because he has abducted them before and I had to file a suit against him under the Hague convention. How may I ensure our children (6 and 8 years old) will not be abducted again by their father?
In this case you should file for a stop order against the children that will be lifted by the Court only when they leave the Country for a visit and put up again when they return to Israel. This may be settled within a contract signed by both parents and approved in Court, adding various tools to prevent an additional abduction such as substantial financial guarantees (in case of infringement). it is very important to include in the agreement a provision that the agreement will also be approved in the Court in the US ("mirror order") prior to the children's visit there.
My husband and I are to be divorced. He is Greek and I am afraid he will abduct our minor daughter of 8 to Greece. How may I prevent it?
You should hire a lawyer who specializes in Family Law to assist you, and file for a stop/non exit order regarding your daughter, as fast as possible to prevent abduction. If and when a divorce agreement is signed between you and your husband, you must address the issue of taking your daughter out of the country and visits to her father abroad including financial guarantees and provisions in the case of infringement. Our law firm deals with such agreement drafting and approval in Court.
My husband is British and I am an Israeli national. We live in London. My husband is very violent towards our 6 year old son. We are on a family visit to Israel and I would like to stay here with my son and not return to London. My husband who is in London, threatens to sue me for abduction. What are my chances?
If you succeed in proving that there is "grave risk" that your son will be exposed to intolerable physical or psychological harm if and when he returns to the UK, then the Court may allow him to stay and not be returned to his life center in London UK. In the Hague convention there are exceptions, one of which is when the return of the child is dangerous for him, either because of the parent who is abroad (here-your husband) or the country to which he is to be returned (i.e. a war zone), but these are extreme cases, where the Court may allow not to return the child.
I am Italian married to an Israeli. We have a one year old baby and are living in Rome. We arrived to Israel for a family visit' but my wife refuses to return to Rome, with our baby, because of Covid19 and anti-Semitism. What can I do against it?
You should file Hague Convention legal proceedings, at the Family Court in Israel, and ask for a return order regarding your minor son, to Italy. Your wife is not allowed to change the habitual residence of your child, unilaterally, without and against your consent. Leaving your baby in Israel beyond the period of the visit agreed upon, constitutes an unlawful "non return", i.e. a passive act of abduction of your baby.
We live in Sweden. My ex husband who is our minor daughter's custodian has taken her to Israel and refuses to return her to Sweden. He claims I agreed to this move which is a lie. I filed a Hague plea against him for the return of our abducted daughter. How may I raise the chances of my plea to return my child, to Sweden, to succeed?
You should gather clear evidence (such as correspondence) that shows that there was no initial agreement on your part, to the move to Israel, before it came about, and also evidence that demonstrates that you never agreed afterwards for your daughter to stay in Israel. It is also important that you collect formal as well as informal documentation (i.e. school registration papers, medical etc.) which attest to the fact that the center of your minor daughter's life and the Country which constituted her habitual residence before the abduction, was Sweden.
May I stay in Denmark with my minor children and not return to Israel with them, because my marriage to their Israeli father has ended?
NO! The end of your marriage does not give you a legal cause to remove your minor children, from Israel, unless your husband agrees for them to stay living abroad. The unilateral removal of a child from the country of his/her habitual residence (here - Israel) is against the law and may expose you to Hague Convention legal proceedings, for international child abduction.
Child Abduction, Child Relocation
My relationship with my wife is in crisis. I have agreed for her to leave the U.S. where we are living with our minor children, to Israel for a short-term visit, but now she is telling me, she is unwilling to come back to the U.S. with our children. Is she allowed to do so, legally?
No! a marriage crisis and/or separation do not justify a unilateral change in the minor children's country of habitual residence, or a reason for passive abduction by not returning them to their country of habitual residence. In this case you are advised to file for the return of your abducted minor children to the U.S. Our firm deals with such cases, successfully.
I live in Argentina with my Israeli husband and our 8 year old son. After a crisis in our marriage whereas my husband has left the house, we have decided that our child would stay with both of us alternatively in a sort of joint custody. A few days ago, my husband told me that he has moved with our child to Israel. Is he allowed to do so?
No! according to section 5 of The Hague Convention on the Civil Aspects of International Child Abduction, your husband does not have the right to decide on his own where your child would live. Our practice has represented a similar case in the past, and learned that the law in Argentina accords parental rights to you as a parent, and that hence there needs to be an agreement by both you and the father, to take your minor child out of the Argentinian border/jurisdiction.
When filing a Hague convention plea is it possible to ask for the immediate return of an abducted child without having to deal with social workers and experts and without costs and waste of time involved?
Although Courts have discretion to order an immediate return without resorting to a social worker/expert opinion they generally take precautions when addressing Hague cases and tend to appoint social workers and even an expert to advise them.
I am scared that my live-in girlfriend will leave Israel suddenly with our baby and I won't see him again. Our relationship is in crisis, she is a foreigner, is researching flights and communicating constantly with her parents overseas . What urgent legal action can I take to prevent this from happening?
Apply to the family court for emergency relief - a temporary ex-parte order to prevent the child or the mother and child from leaving Israel due to an immediate risk of child abduction.
I live with my wife and children in France. She is French-Moroccan and we all flew to Israel to visit her family in Netanya, Israel. I travelled home to Paris earlier because of my business and my wife was supposed to follow on with the children shortly after. She sent me a text message to say they are not coming back, hardly answers my calls, and when she does, only lets me talk to the children for a few seconds. My eldest son managed to send me a message from his cousin's phone,without his mother knowing, saying they miss me, and want to come home. What legal action can I take to get my children back from Israel to France- and what is the timetable?
Initiate fast-track Hague Convention child abduction proceedings at the local family court in Israel. By not returning the children to France, their country of habitual residence,and retaining them in Israel, beyond the agreed time, your wife is committing a civil act of passive child abduction and you have grounds for obtaining an order for their prompt return from the Israeli family court. Our law practice specializes in such proceedings which are supposed to be decided within 6 weeks from the time of filing in court.
I came to Israel from Canada for a "break" with my Israeli husband and our 3 year old child a few months ago. We sublet our Toronto apartment and took a short term rental in Tel Aviv. Our relationship hit an all-time low in Israel. When I told my husband that I wanted to go back home to Canada with our baby, he acted behind my back, and got a "stop order" trapping us in Israel , lying to the court, claiming we agreed to move to Israel. What can I do?
Initiate Hague Convention proceedings in Israel against your husband for the wrongful retention of your minor child in Israel, and for an order for the child's return to Canada, his/her country of habitual residence. Wrongful retention or non-return of a child to his/her country of habitual residence is a form of passive child abduction protected by the Hague Convention.In July 2016 the Israeli Supreme Court upheld a Tel Aviv District Court appeal judgment ruling (Family Appeal File 6666-06-16) ordering the return of a two year old to the U.S.A., ruling that the father (a dual Israeli and US citizen) had wrongfully retained the minor in Israel, and wrongfully prevented her return to the States, her country of habitual residence, with her mother. The District Court held that the U.S.A had remained the child's place of habitual residence and accepted the American mother's appeal against the first instance family court ruling which had rejected her claim, and had based its overturned ruling on the mistaken finding that the child's country of habitual residence had changed from the States to Israel.In 2014 our law practice initiated Hague convention child abduction proceedings in Israel for passive child abduction, on behalf of an American mother who had come to Israel on a trial basis, at her husband's request, but had become "stuck" in Israel against her will, with their children for over a year and a half. After the husband/father was filed with proceedings for a Hague return order, based on wrongful retention,the couple entered intense negotiations, and a comprehensive agreement was reached, covering the children's relocation back to the States with their mother, visitation, child support and divorce. Within less than 3 months after initial filing, the children were back in the USA, in their mother's custody.
What can I do to stop my wife from leaving Israel with our baby and not coming back? We are both new immigrants to Israel (me, Jewish, from the States, and her Russian, half-Jewish , through her father ). She is pressing to visit her mother in Moscow, with our child, but we have been arguing a lot lately, her behaviour is suspicious, and I think she is planning to trick me, pretending to visit ,while actually planning not to return.
If you have reason to believe your wife is planning to abduct your child from Israel, you can apply for an emergency ex-parte order at the family court, against your child, on the minor's Israeli and foreign passport/s. If you persuade the court that there is sufficient grounds for suspecting your wife to be planning to abduct your child, then the family court can grant a temporary order preventing the minor's exit from Israel, before your wife is even served with the application.If your wife wishes to cancel the stop order against your child, then she will have to apply to the Israeli family court to do so, in which case a hearing will be set, in front of both of you. Even if the court grants her permission to travel overseas temporarily with the child,for a visit,it may condition this upon financial or other guarantees.If these are substantial /realistic they could act as a deterrent against child abduction and an incentive for your wife to return your child to Israel at the end of the visit.If you do not take this preventative action, you may be faced with having to bring Hague Convention child abduction proceedings to get your abducted child back to Israel , which will be more difficult and the proceedings will be held in Russia, not Israel.
Our grandchildren have been taken to Israel by our daughter-in-law, while our son was at work, after a row. She refuses to return them to Australia,where they were born and have always lived. He is in shock. What can be done in Israel to get them back?
Hague Convention child abduction proceedings can be filed in Israel for an order for the children's immediate return to Australia. Both Australia and Israel are bound by an international convention dealing with the civil aspects of child abduction. Removal of the children by your daughter-in-law, without the knowledge and consent of your son, from Australia, the country of their habitual residence, is an act of child abduction.
The first level proceedings at the family court in Israel are supposed to take 6 weeks from the time of filing. There are limited defences available to an abducting parent, the standard of proof required is very high, and the breakdown of the parents' marriage/relationship per se, is not a justification or defence, for child abduction.
What should a mother with custody of her children do, if the father refuses to return them home to Israel, after visitation in the U.K. for the Christmas/Chanukah holiday?
Bring child abduction proceedings under the Hague Convention, which binds both Israel and the U.K, and request an order for the minors' "prompt" return to Israel, which is their country of habitual residence.
My Israeli wife and our children are staying with her family in Israel over the Summer vacation,and she refuses to come home to the States ,when we have lived for several years, since we married,and where I have my business and the children are in school. She says she misses her family and the life in Israel. What can I do to get my children back to the States?
You can start legal proceedings for a return order under the Hague Convention, directly in Israel, at the family court serving the area where the children are located, through a lawyer specializing in child abduction. Non-return of minors to their country of habitual residence (in your case, the States), by one parent against the other's wishes, is a form of child abduction. From your description, your chances of getting a prompt return order under the 1980 Hague Convention on the Civil Aspects of Child Abduction are good,if you are a normative parent, unless you make legal mistakes now, e.g. are tricked over the phone into "acquiescing" to the children's continued presence in Israel ,while trying to discuss matters . Our legal practice can initiate legal proceedings within a matter of days, and has successfully obtained return orders or negotiated voluntary returns of children abducted to Israel, from various countries.
My husband has started legal proceedings in Israel under the Hague Convention to get a court order forcing me to return our children to Europe, where we were all living until I left him with them, after he failed to support us. I am willing to go back if I can get be guaranteed that he will have to provide us with a roof over our heads and food . Is this possible?
Yes, as part of a voluntary return or indeed a forced return order , the court in Israel can set down basic undertakings or stipulations on this. For example, in December 2010 Nazareth Family Court )case 54043-08-10) ordered a baby who had wrongfully retained by her mother in Israel, back to the U.S., but ordered the father to deposit 6,000 dollars in a trustee account in the States, which she would receive immediately upon her return there with the minor, on account of financial support for herself and the child, to be decided upon by a court there.
If a father ,whose child has been abducted to Israel by the mother, brings Hague Convention proceedings for his return, will this automatically give the family court in Israel dealing with the case jurisdiction to hear other proceedings between the parents, that the mother might file?
No! The management of a 'Hague Convention' child abduction case does not,in itself, give the Israeli family court dealing with it jurisdiction over proceedings such as child custody or maitnenance,where the family's place of habitual residence and centre of life is abroad. In practice, though, a parent who abducts a child to Israel may be inclined to start legal proceedings concerning the minor e.g. child custody and maintenance, in Israel.
However, according to section 16 of the Hague Convention (Return of Abducted Children) Act of 1991,where the left-behind parent brings Hague Convention proceedings in an Israeli family court, the latter must deal first of all with the abduction proceedings, and cannot deal with any other matters meantime. If the left-behind parent wins and a return order is granted, the court will not have jurisdiction to hear other files concerning the minor as in the Hague case it will have been established that the child's place of habitual residence was overseas,and not Israel.If, however, the left-behind parent fails to get a return order, and the minor is not returned abroad, then jurisdiction for other proceedings concerning him will lie in Israel.
What are the main defences a parent who flees with children can bring in Hague Convention proceedings?
The classic defences are that a return order would put the child at a 'grave risk' of physical or psychological danger, or place him/her in an otherwise 'intolerable situation'.
In addition, there are defences of consent and acquiescence. Where the child is older, his/her own genuine refusal may prevent a return order.
A parent defending a Hague case can also dispute key elements that need to be proved e.g. habitual residence - he/she can challenge the alleged claim that the children were removed from a country where they were habitually resident.
I am an American married to an Israeli who travelled to Israel with our children to spend Passover holiday there with her family. She now refuses to come home to Florida, wherewe have a home, and business, and have always lived as a family. What legal action can I take to get the children back home?
File Hague Convention child abduction proceedings in Israel for an order for the children's return to the U.S, their country of habitual residence. From what say, this is a classic case of passive child abduction (wrongful retention).
I am an Arab-American living with my wife and child in South Paterson , New Jersey, in a neighbourhood known as "Little Ramallah" since we got married several years ago. My wife and child went to visit her family in Nazareth, Israel, for Easter, but when I went to pick them up at the airport I was shocked to find they were not on the return flight. When I phoned my wife's cellphone she said they were okay, but are not coming back, and she wants a divorce. Since then she refuses to answer my calls and her family put the phone down when I call the landline. How can I get my child back home from Israel to America? He was born here in America and lived here all his life.
Bring Hague Convention child abduction proceedings at Nazareth Family Court in Israel. If your son has not been returned from America after a visit to his mother's family in Israel, then he is being wrongfully retained there, and not returned to his country of habitual residence, against your wishes, in a passive act of child abduction, and you have grounds for an order for his prompt return.
Is an attempt at mediation compulsory in Israel before a parent can file Hague Convention child abduction proceedings in court in Israel?
No! There is no compulsory preliminary mediation stage in child abduction proceedings in Israel. A parent whose child/ren has/have been wrongfully removed to Israel, or wrongfully retained in Israel, from a "Hague" country can file Hague Convention child abduction proceedings at the Israeli family court straightaway without having to give mediation a chance.
New legislation in Israel which came into force in Israel on 17.7.2016 to make alternative dispute resolution compulsory before adversial family court proceedings can be initiated ,expressly excludes Hague Convention Child Abduction proceedings.
Having said this, once Hague Proceedings are filed, the "left-behind" parent can apply to the Israeli family court for an immediate referral to the court assistance unit, to see if there is a possibility of a mediated settlement, and family court judges often take the initiative and give decisions referring the parents there anyway, once the file is opened.
Does a parent who abducts a child to Israel, to "save" him, have a right of appeal , before a higher court, against a judgment, if given, in first level child abduction proceedings, to order the minor home?
Yes, in principle. Under Israeli civil procedure regulations regarding Hague Convention child abduction proceedings, a parent has a right of appeal, within 7 days, against a judgment given by the first instance court (the family court), before the appeal court (the District Court). However, despite this, in October 2015, a defendant mother, who had abducted her young daughter to Israel, was effectively denied the right of appeal by reprehensible conduct of the Tel Aviv Family Court, which gave its decision, in File 13332-09-15 , in the absence of the parties, at the end of the working day, at the end of the week, ordering the immediate cancellation of the prevention of exit orders against the minor, while refusing to grant a stay of proceedings, requested by the mother's counsel , without informing or sending out the judgment to them, and releasing it only to the father's counsel, paving the way for the father to whisk the minor out of the country, within c 2 hours of the judgment having been released!
While the mother (represented by our law practice) requested a stay of proceedings at the appeal court, within a short time, the same day, until the end of the proceedings in the appeal, which was to be filed, the father managed to whisk the child outs of Israel, before the District Court set a hearing for the following morning, to discuss a stay of proceedings.
Harsh criticism was voiced against the procedural handling of the case by the Tel Aviv Family Court, in the District Court decision in Family Appeal File 46344-10-15, concerning its granting of a return order, without the presence of the parties, together with its refusal to grant a stay of proceedings, while ordering the immediate cancellation of the stop orders, in a manner which effectively prevented the mother from exercising her right of appeal, and her right to a fair trial, and the opportunity to exhaust the legal process.
A complaint is in the process of being made to the judicial disciplinary board.
Can an Israeli court allow a father to return abducted children overseas, if the mother, who abducted them, will not carry out the judgment?
Yes! The Israeli court ordering the return of the children has discretion to give instructions like these concerning the execution of the return order. It can, for example, order that if the abducting parent does not return the minors, the other parent, who brought the action, can take the children overeas himself.
In two recent cases , in 2012, where our law practice successfully represented fathers who brought Hague Convention proceedings, Tel Aviv Family Court gave specific instructions in its judgment stating that the father could return the minors, if the mother did not. (Cases 5134-05-12 and 161-07-12).
Can action be taken to get an abducted 16 year old child returned to the States from Israel, under the Hague Convention?
No! The Hague Convention only relates to acts of abduction concerning minors aged under the age of 16. Once a minor reaches 16, even during the height of proceedings, the Hague Convention cannot be applied.
Is there anything that I can do to see my children in Belgium, if my wife refuses to let me have access to them? She refused to come back to Israel with them about 18 months ago, when the relatonship broke down and now she is denying me access.
Yes , you can bring Hague Convention proceedings to actualise visitation rights, even though you appear to have "missed the boat" to get an order for the children's actual return to Israel. Under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and Belgium,a parent has a 12 month window -of -opportunity to bring action to get abducted children returned to their country of habitual residence, if they were wrongly retained overseas,against one parent's wishes. It appears too late for you to get a Hague Convention order for the return of your abducted children from Belgium to Israel, but you can apply to enforce rights of visitation, under the Convention.
Am I still able to bring and win Hague Convention proceedings to get my abducted child back from Israel, if I am at risk of deportation from the States,where I want him returned, because the child's mother deliberately told the authorities she had finished her studies there, so that I would lose my status, which was dependent on her student visa there?
Yes ! Courts dealing with Hague Convention cases have declared many times that the status of the parent seeking a return order, and that of the child in the country where he was allegedly living up until the time of the wrongful removal or retention is irrelevant. In December 2010 in case 54043-08-10 Nazareth Family Court ordered the return of a baby ,who had been wrongly retained in Israel by his mother, to the United States even though the applicant father's status there was at risk after his wife had notified the authorities that she was stopping her studies there, so that her husband's visa, which was dependent on her student visa, would be at risk, too.
Can I use the Hague Convention to get my child back to Israel from Russia, after my 'ex',who is Russian refused to return him from a visit to her family there?
Yes, if he was habitually resident in Israel at the time of the alleged act of abduction (date of non-return from Russia) , he is under 16, and less than a year has elapsed since he was abducted.The Russian Federation signed the Hague Convention on the Civil Aspects of Child Abduction in 2011. Israel approved its accession on 21.12.2011 and the convention became "relevant" as regards abductions between the two states as of 1.3.12.
My husband has resigned himself to the fact that I am staying on in the States, and not going to return to Israel to live with our children. Can I use this if he brings Hague Convention proceedings against me?
Acquiesence (agreeing after something has happened) is one of the defences in Hague Convention child abduction proceedings. You will have to prove it.
My wife refuses to return home to Belgium with our baby from a short visit to friends in Israel ,blaming growing antisemitism here. She says she plans to start the Aliyah ( immigration) process for her and our baby claiming it is their right, as Jews to live in Israel. What can I do?
Bring Hague Convention child abduction proceedings in Israel requesting a family court order for your baby's immediate return to Belgium. You can also alert the Israeli Consulate in Belgium about your objection to any possible attempt to gain status for your baby in Israel and of your intention to bring Hague proceedings in Israel for the baby's return.
Your wife is acting unlawfully, and she is not entitled to take the law into her own hands to bring about a change in your baby's country of habitual residence without your consent and against your wishes. The baby's continued presence in Israel beyond the scheduled visit is 'wrongful retention'- an act of passive child abduction under the convention which binds both Israel and Belgium.
My wife ran off our kids to Israel while I was at work and refuses to come back. Where should I take legal action to get the children back to the States, where we have been living for several years and where we have our business- in Israel or America?
In Israel - where you should bring Hague Convention child abduction proceedings for the return of your abducted children to the United States. Sometimes the Israeli court will ask for an opinion from the foreign court or government body but only the relevant court in Israel -where the abducted child/ren are currently present - will have the jurisdiction to hear the child abduction case and to actually return the children overseas.
Both Israel and the U.S.A. are bound by an international civil law convention that deals with unilateral movement (whether it be wrongful removal and./or wrongful retention) of a childr/en by one parent from one country to another , in your case, from America to Israel. This convention creates fast-track civil proceedings for the return of abducted child/ren to the/ir country of habitual residence. Hague Convention child abduction proceedings are not custody proceedings - they deal with whether a return order is granted or not.
The idea is that custody proceedings should be determined in a child's home country (his/her country of habitual residence) where his/her best interests can be assessed properly. If the Hague proceedings held in Israel are successful, and a return order is granted (and is unchanged on appeal, if challenged), then the child/ren will be returned overseas, and custody proceedings will take place there. If a return order is refused (and not overturned on appeal, if appealed), then the children will remain in Israel,and custody proceedings will proceed in Israel.
My 15 year old son has wanted to stay with me in Israel at the end of his Summer visitation for several years now, but I always made sure he returned to the States, to his mother, my "ex",who threatened me with Hague Convention child abduction proceedings if he stayed on. Until what age would her threats be valid?
The convention applies between member states (including Israel and U.S.A), until a minor is 16 and Hague proceedings cannot be invoked for child abduction after that. If proceedings start before the child's 16th birthday, the moment he or she becomes 16, they will stop immediately, even in the middle.
My "ex" , an Israeli, refuses to return my son at the end of his Easter/Passover vacation from school, even though under our divorce agreement I have full custody and he lives with me in the U.K. What legal action can I bring to get my son back?
File for a "prompt return" order under the 1980 Hague Convention on the Civil Aspects of Child Abduction at the relevant local family court in Israel, providing your son is under 16.
From your description, this appears to be a classic case of "wrongful retention" , a passive form of child abduction, justifying you bringing fast-track, emergency legal action to get your abducted child back .
Both Israel and the U.K. are bound by this private international law convention designed to prevent and correct attempts by parents to bring about unilateral changes in the habitual residence of their mutual minor children.
The underlying thesis behind the Convention, which applies to minors under 16 only, is that custody proceedings between parents and decisions about where a child should live should be heard in the minor's country of habitual residence based on best interests proceedings.
Do Israeli courts always hear oral testimony in Hague convention child abduction proceedings?
Nearly always! In some jurisdictions e.g. the United Kingdom, oral evidence is rarely heard, and the courts give their rulings on the basis of documentary evidence only. In Israel, however, the family courts tend to hear oral testimony, certainly of the parents, as a matter of course. This is so even though under the Convention the left-behind parent, who brings the action for the abducted children's return, is not obliged to attend the hearing.
Israeli courts prefer to form their own impressions about the credibility of the parties and their claims. Judges often ask parents giving testimony questions , in addition to those of the opposing lawyer, during cross examination. In one recent Hague case, a father living in Australia, represented by this law practice, travelled out to Israel in Spring 2012, to give oral testimony before Haifa Family Court, following the court's comments at a preliminary hearing about its preference for his attendance in person.
Is an Israeli husband married to a Chinese wife living with him and their baby in Israel taking a risk if he agrees to let her visit China with the child, if their marriage is in trouble?
Yes! China (apart from the Hong Kong and Macau regions) is not a party to the Hague Convention on child abduction, so that if the wife/mother does not return the child to Israel at the end of the planned visit, the husband/father cannot take advantage of the convention to get the minor back home, even though Israel is bound by it. The family law system in China favours parents who are nationals over non-Chinese parents and does not normally recognize or honour foreign agreements or court judgments concerning Chinese children,even if they also have Israeli nationality,according to Israeli law. Accordingly, an Israeli father who consents to his child visiting China in these circumstances is at considerable risk of never seeing his child again outside China, and is virtually dependent on the mother's goodwill. He can reduce the risk somewhat by conditioning the visit on substantial financial guarantees.
Can an Israeli court that orders a parent to return a child he or she has abducted to Israel, use the police to make sure the child does, actually board the aeroplane home with the abducting parent?
Yes, as part of a judgment ordering a mother to return her baby daughter to Finland, Rishon LeZion Family Court held, in January 2011,that if she did not carry out the order, the police could intervene and "assist" her. It specifically stated that the mother, who had abducted the child,should only receive the minor's passport after the policeman had ensured that the child had boarded the plane to Finland.
In other cases, the return order may specifically state that if the abducting parent does not return the abducted minor by a specific date, the parent who sought and obtained the return order, can return the child him/herself.
Can I do anything to get my five year old child back to the Philippines? I am a Philippino citizen in the Philippines , who gave birth to a child there, from my Israeli boyfriend,who I met when I lived in Israel. The father tricked me, and took our son back to Israel when he was two and a half, promising to arrange papers so that I could join them legally,but since then has refused to help me come to Israel, or to send back my child to the Philippines.
Your situation is complicated and difficult. You cannot employ fast-track Hague Convention child abduction proceedings to get your child back because the 1980 Hague Convention on the Civil Aspects of Child Abduction does not yet apply to abductions between the Philippines and Israel. Even if it did, it would already be too late to use this mechanism as there is a time limit of a year for acting from the time of the alleged act of abduction ,when your son was retained overseas against your will.
You have two options for filing at the family court in Israel – one for a Habeas Corpus order to order your child back, non-Hague child convention proceedings. The other option, or if this fails, is to file for custody and relocation. Even if the child's father acted wrongly,and retained your child without your consent, there is no guarantee that the court would order his return,after such a long time, and would only do so if it was convinced that it would be "in his good", and after receiving reports and recommendations from professionals.
What can be done to prevent our grandchild being abducted from Israel, by his foreign father, who lives overseas but keeps threatening to do so? Our daughter, who is unmarried, gave birth in Israel recently, after splitting up from her boyfriend abroad, before discovering she was pregnant. He is registered as the father in Israel and abroad, and the child even bears his surname, as our daughter agreed to his request on this.
An urgent ex-parte court order can be applied for and obtained from the family court to prevent the baby being taken out of Israel,because of the threats and real risk that the father will attempt to abduct him, and travel abroad with him,without the mother's consent. As the minor has dual nationality and bears the father's surname, the father may attempt and even be able to get foreign travel documents for him,depending on the particular rules of the consulate involved. Once obtained, the court order can be registered with the Israeli Border Police.
Furthermore, as a further precautionary measure, your daughter should contact the relevant foreign embassy as the child is probably entitled to foreign citizenship through her father.Accordingly, there is the possibility of foreign travel documents being issued covering your grandchild,that might be used in an abduction attempt. You should update the foreign embassy and,in the circumstances, state your clear objection to any foreign passport or temporary travel document being issued for the child, at the father's request, and given to him.
I have evidence that my wife is about to flee the country with our children, to escape from our marriage, rather than dealing with it. What immediate legal action should I take?
Apply for an ex-parte order from the family court preventing the minors from being taken out of Israel, to prevent them being abducted. If granted, and registered with the border police, then if your wife attempts to leave Israel with the children, then they should be stopped ,on the basis of I.D. and passport numbers you provide.
I am an Israeli citizen, father of a toddler, who has born in Israel, but has been taken to Japan by his mother, a Japanese citizen, whom I met and with whom I had a relationship while she was studying in Israel, until she left me, and Israel, suddenly. How can I get my child back to Israel or at least reach a settlement on contact?
Bring Hague Convention proceedings in Japan for a return order. It is possible that a negotiated settlement can be reached within the proceedings through lawyers. Our law practice is able to co-operate with counsel representing you in Japan in such negotiations, where English would be the language for communication, and drafting.
Can I still bring legal proceedings to get my teenage son back from Israel to the States after his dad (my 'ex') has failed to return him from a visit there, if he has now turned 16? I know my 'ex' is manipulating our son and he is the one behind this, though he claims our son wants to stay in Israel,and not return home to the States, where he has been in my custody since my divorce several years ago.
Firstly, you cannot bring fast track Hague Convention proceedings to get a return order because although both Israel and the United States are bound by a special convention on child abduction, it only applies to minors under the age of 16.
Secondly, you could bring non-Hague proceedings in Israel,to recognize and enforce a foreign order, from an American court, that you should try to obtain first , declaring the USA to be his 'home' , his retention in Israel as unlawful, and ordering his father to return your son to your custody , in the U.S.A . The Israeli family court would have discretion whether to recognize and enforce the American court order or not, making sure your son has the opportunity to have his voice heard. The Israeli Family court may refuse to return your son if he, himself, objects strongly, and is found not be subject to manipulation from his father. If your son has no strong views on the subject and is willing to return /or is found to be subject to manipulation/incitement from his father, then, the Israeli family court may well recognize and enforce an American court order to send him back to the States, even if the Hague Convention itself does not apply because your son has just turned 16.
I allowed my homesick Israeli wife to leave Canada,where we met, married and set up home, to travel to Israel, with our toddler ,to spend time with her family and to "recharge her batteries". She has been there several months already, and wants to stay on even longer. I don't want to pressurize her but I miss my son desperately and I am afraid that I might be making a mistake if I agree. Am I at risk if I don't demand they come home now?
Yes, you certainly are! If you allow your wife to remain in Israel with your child you are at significant risk of "acquiescing" (agreeing after the fact) to your son's continued presence in Israel and providing her with a defence in civil child abduction proceedings which you could invoke in Israel, to get your son ordered home to Canada. If your wife keeps your child in Israel against your will, this is known as "wrongful retention" and is a form of passive child abduction under international law binding both Israel and Canada in this matter.
Furthermore, you have a limited "window of opportunity" to invoke Hague Convention child abduction proceedings in Israel, for a "prompt return" order of your son to Canada, and the longer you delay bringing action, the more you reduce your chances of securing your son's return.
My Japanese daughter-in-law refuses to return to Israel from vacationing in Japan with our grandson claiming it is unsafe because of the Israeli- Hamas conflict this Summer. Our son is devasted.What legal steps can be taken to get our grandchild back?
Fortunately, earlier in 2014, Japan joined the states that are bound by the 1980 Hague Convention on the International Aspects of Child Abduction (which Israel adopted earlier, in 1991). Therefore, acts of wrongful removal or wrongful retention of children under 16, between Israel and Japan, that took place in the Summer of 2014, are covered by this piece of international legislation. Your son can initiate legal proceedings against his wife for the return of his child under the Hague Covention.
As an unmarried Dutch father ,do I have any chance of getting my child back to the Netherlands , where she lived with her Israeli mother , and sole custodian before she was removed , secretly, without me knowing, to Israel ?
Yes! However, your chances of success will depend on your particular circumstances under Dutch law (e.g. whether your paternity and your paternal rights were registered and whether you were exercising visitation rights or had applied for joint custody. Even if your joint parental rights are not registered according to Dutch law , you may still be able to succeed in Hague Convention child abduction proceedings in Israel, if you, nevertheless, filed for joint custody in the Netherlands prior to the child's removal to Israel.
Such was the case in August 2012 when Tel Aviv Family Court accepted the Hague convention plea of an unmarried Dutch father, represented by our law practice, and ordered the return of two minor children to Holland, even though the mother , and his ex-girlfriend, had sole custody. (File 161-07-12).
In this case, the father's paternity had been registered, the minors bore his surname, but his paternal rights had never been registered. He had, however, filed for joint custody in the Netherlands in February 2012, and had been awarded visitation rights during the proceedings. The Rotterdam court had also ordered an investigation to be made, by the child protection board, and a report and recommendations submitted. The Israeli court accepted the argument that the removal of the minors, during the middle of court proceedings, frustrating both his visitation rights and the investigation, was an act of abduction.
How can I get my abducted child back to Israel from Morocco? I am an Israeli Arab, married,but separated, from my Moroccan husband, whom I met while studying in Europe. I agreed to our son visiting his father and his grandparents in Morocco,but now my husband refuses to return our son to Israel, where I have been living with the child for nearly two years, after separating from my husband.
Fortunately for you,the Hague Convention on the Civil Aspects of Child Abduction is now in force between Israel and Morocco, and can be used in child abduction proceedings in Morocco, to get your abducted son back home, to Israel, which would appear to be his country of habitual residence. A parent's refusal to return a child to his "home" country, at the end of the agreed period for a visit, and the child's continued presence overseas, constitutes an "act of abduction".
The convention applies to acts of abduction between Israel and Morocco, as of is 1.6.2010, when Israel's acceptance of Morocco's accession to the convention came into force.
Can a father who has to come to Israel to attend hearings in legal proceedings he took to get his abducted child returned home,overseas, recover the money he paid on flights and hotel accommodation during his stay, from the child's mother, as well as getting the child returned?
Yes! In January 2011 Rishon LeZion Family Court in Israel granted an order for the return of an abducted baby to Finland, and in its judgment ordered the mother,who had abducted the minor, to reimburse the father for the money he paid on flight tickets and hotel accommodation he incurred as a result of the abduction.
How can I be sure that I can return home to Israel with my children, without being at risk of child abduction proceedings, if we accept a job offer my husband has received abroad ,and move to Canada,but I am unhappy ? We are in financial straits here in Israel and don't want us to miss this opportunity,but want to be assured that the way is open for me to return with the children.
You can avoid risking facing child abduction proceedings if you have a written agreement drawn up between you and your husband ,in Israel, which gives you the express ,legal right to return to Israel with the children,should you wish to do so. The agreement should be drafted by a lawyer specialising in international child custody disputes ,and would ,of course, use appropriate language to safeguard your interests. It should, preferably, be authorised at a family court in Israel before you leave Israel for Canada,to give it maximum legal force.
Such a carefully worded court authorised agreement would provide a clear defence if , for instance, you returned to Israel with the children,as you were entitled to, but,despite everything, your husband did try to bring child abduction proceedings in Israel ,to return the children to Canada. Israel and Canada are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, and the agreement would be regarded as clear 'consent' on the part of your husband to the children returning to Israel and living here. Once clear consent is given,it cannot be taken back,and,as such, your husband's attempt to get a return order would be rejected.
Additionally, if the wording of the agreement were sufficiently professional, it would state that Israel was to remain the family's/children's country of habitual residence,despite the temporary move to Canada,and as such, your husband's plea would fail.
Accordingly, your husband would be prevented by the agreement from proving that you had wrongly removed the children from their country of habitual residence, as required ,in order to get a 'return order',as Israel,and not Canada,would be the children's country of habitual residence,and his prior consent had been given to the move - in the court authorised agreement.
My ex-wife , children and I live in Israel. She has run off to France with them. Does the fact that I only have visitation rights, while she has custody, stop me from bringing child abduction proceedings to get my children back to Israel?
No, not at all. Do not be confused by terminology. You have to prove that under Israeli law you have what is termed 'rights of custody' in terms of the 1980 Hague Convention on the Civil Aspects of Child Abduction. Visitation rights in Israel count as 'rights of custody' in Hague Convention child abduction proceedings. Thus you are able to initiate Hague proceedings for the return of your abducted children to Israel, even though you are not the custodian. Failure to give non-custodial parents this right to get their abducted minors back would make a mockery of the convention as a custodial parent would have the green light to abduct from Israel , under cover of a custody order !
What is the idea behind the 'Hague Convention' in international child custody disputes?
That issues of custody should be decided in the country where the children normally live (or are 'habitually resident' in Hague language) by the appropriate court. Parents cannot take the law into their own hands , move children around unlawfully and cause them trauma.
States that are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction are supposed to engage in " first-aid" legal proceedings to secure a fast return of wrongly removed or retained minors, to their 'country of habitual residence'). Defences are limited, and a high standard of proof is expected.
Would a parent facing Hague Convention child abduction proceedings in Israel have a defence if s/he reacted in response to the other parent previously "abducting" the child in their home country ?
Not unless a "grave risk" defence was proved in its own right. The fact that the other parent may have acted wrongly , in the country of habitual residence, does not in itself constitute a defence or justification for unilateral action by the 'removing' parent , amounting to an act of abduction, unless one of the 'grave risk' defences under the Hague Convention can be proved.
This point was stressed by Ashdod family court in September 2018 in a case where a young child was wrongfully removed to Israel, from Russia, where he had been habitually resident since birth, by his mother, after the father had taken him from her and prevented contact between them for a long period. A return order was granted.
Christmas is approaching and my Israeli wife is refusing to return home to the U.K. with our young child ,as planned.They flew out on return tickets to visit her family in Israel, but didn't catch the flight back. Now she says they are staying put. We have lived in the UK together ever since we got married , she has a spouse visa, and our whole life has only ever been here. What can I do to get them back- at least my child back so he can grow up near me in the UK - even if I can't save our marriage?
You can bring legal action in the family court in Israel for a Hague Convention order for the return of your abducted son to the U.K. By retaining your son in Israel against your wishes, and not returning him to his country of habitual residence, your wife is acting unilaterally and wrongfully, and committing a form of passive civil child abduction. Both the U.K. and Israel are bound by a convention covering international child abduction and there is a special fast-track legal process for filing for an order for his prompt return.
After you file in court, there may also be the opportunity to negotiate a voluntary return, without the case running the full course. Though it is extremely rare for there to be marital reconciliation after a scenario like this, it is possible. For example, our office represented a father, whose wife refused to return to the U.S.A with their children at the end of the school vacation, in the Summer of 2014. After filing Hague proceedings, at Tel Aviv Family Court, the parties reached agreement for a voluntary return. Within a matter of days, the wife and children flew back to the States, the Hague file was closed, the family reunited, and the marriage reconciled (File 13200-08-14).
What legal action can I take to get my wife to return to the USA with our baby, after she texted me to say she would be remaining in Israel, and had cancelled their return flight to New York? We are Israelis who relocated to the States permanently several years ago and our baby was born in the States.
Bring Hague Convention child abduction proceedings against your wife at the family court in Israel for the "prompt return" of your child the USA, his/her place of habitual residence. From your description, your child left the States, with your consent, for the purposes of a visit only, and is being wrongfully retained in Israel, by your wife, in a classic act of passive, civil child abduction . Both Israel and the States are bound by international law concerning the civil aspects of child abduction and you are advised to apply for a return order without delay.
My American wife refuses to return to Israel with our children after a Summer vacation in the U.S.A ,since Operation Protective Edge, even though there is a cease fire and schools have re-opened. She claims it is unsafe (we live in the South where many rockets were fired) but I think it's an excuse to cover up our failing marriage and her desire to move there. What legal action can I take to get my kids back?
Bring Hague Convention proceedings at your local Israeli family court for the return of your children under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and the U.S.A. If you only consented to your children travelling to the States for a holiday then their continued presence there would appear to a passive form of child abduction (wrongful retention) and you can apply for an order for the children's return to Israel, their country of habitual residence.
How quickly can I expect an Israeli court to give a judgment on a Hague Convention child abduction case , from the time the plea is filed?
In theory, 6 weeks, as Israeli law adopts this time-frame set in the Convention itself, in its domestic law, but in practice, Israeli courts usually take longer for the first instance judgment.
In case 161-07-12, where this practice successfully represented a Dutch father, in Hague Convention proceedings, Tel Aviv Family Court took to order the two minors back to Holland, in August 2012, just a month after the file was opened. In another recent Hague case, again before Tel Aviv Family Court, No. 5134-05-12,where this practice also successfully represented a father in Hague proceedings for the return of 3 abducted minors to the U.S., it took the court 11 weeks from filing in May 2012, to give its judgment, in July 2012, including a break for negotiations, after the main hearing.
In another case, an Australia father, also represented by this practice, filed his Hague Plea for the return of his wrongfully retained minors in February 2012, yet Haifa Family Court has yet to pass judgment, (mid August 2012 ) ,after nearly 6 months, in protracted proceedings where the necessary permission from the Court President was given to digress from the 6 week default time-frame.
My Israeli husband refuses to return our child to Singapore,where we live . I agreed to him taking our child ,from Singapore,to Israel, to see his family,for a short visit only .What can I do?
Bring legal action in Israel for a Hague Convention order for the return of your abducted child, as soon as possible. Your husband's refusal to return your child, against your wishes, after the agreed period of the visit, is an act of child abduction. Singapore recently acceded to the 1980 Hague Convention on the Civil Aspects of child abduction,and,following Israel's acceptance of Singapore's succession,as of 1.9.2011, the convention is in force betweeen Israel and Singapore, and can be used in child abduction cases involving the two countries.
Is there any chance that a father who was tricked or pressurized into signing a 'consent' note by his Israeli wife, allowing his children to remain in Israel with her , instead of returning home overseas, on their joint return date, as planned, could succeed in getting his abducted minors returned from Israel?
Yes! Although consent by a parent, once given, is a defence in Hague Convention proceedings for the return of abducted minors, and cannot be retracted, this only holds if the consent is real, freely given, clear and unconditional. The parent claiming consent as a defence to the child abduction proceedings has the burden of proving that the consent was valid.
Consent obtained by trickery or under duress is not true and valid consent. If the father brings Hague Convention proceedings, for the return of children allegedly retained in Israel against his will, and can prove that the alleged consent was not valid, or was conditional, or limited in time, then he has a chance of his children being ordered home.
The Israeli court hearing the case will have to decide, on the basis of the pleadings and evidence,both written and oral, including the actual wording of the note itself, the circumstances and conditions under which it was made, and from cross examination of the parties and witnesses on the subject, whether the father really 'consented' to his children remaining in Israel or not. If it decides that his consent was valid, then, the court has discretion not to order a prompt return of the minors. If , however, the court decides that the consent was not valid, then it will be under an obligation to order the children home promptly, unless there are other grounds for a valid defence.
Another possible defence, related to consent, is "acquiescence" (retroactive consent). Again, the burden of proof lies with the person defending the child abduction proceedings.
What can I do to get my children back to Israel? I travelled to France with my French wife and our children,to visit her family in the school holidays, leaving them to stay on an extra week there,while I returned to Israel to work. They didn't come home to Israel ,on the date planned,though my wife had return plane tickets,and now she says they are not coming backing back at all.
As Israel and France are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, you can apply for an order to return the children ,from France,where they are being wrongfully retained by their mother,against your will, to Israel,the country of their habitual residence. Wrongful retention of minors in a country where they are not habitually resident is recognised as an act of child abduction under the Convention . You are entitled to bring Hague Convention child abduction proceedings for their return.
The case will be heard in France,but much of the preparation of the file will need to be carried out in Israel. Although under the convention you are entitled to free legal representation by a lawyer overseas,in the proceedings in the appropriate French court, you would be advised to engage an Israeli lawyer,too,who specialises in child abduction. The latter should be able to assist in the preparation of affidavits and in obtaining vital evidence, from Israel, to build and strengthen your case . He/she would help prove your claims, and help disprove any defences claimed by your wife, and would work in conjunction with your lawyer overseas.
I am a mother living in Israel. I am not married to the child's father, who is registered on her birth certificate. I don't live with him either. Can I move abroad with my child without him knowing or agreeing ?
No! Under Israeli law a biological father is a child's natural guardian even if unmarried or separated from the mother, and has clear rights. If you relocate abroad without the father's knowledge and consent, this amounts to an act of chid abduction,and you are liable to face Hague Convention proceedings.
What can I do to get my children back to Israel ,where we live,after their mother secretly boarded a flight with them to France?
Bring Hague Convention child abduction proceedings for their return from France to Israel.Both states are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, through which a return order can be requested ordering the minors back to the country of habitual residence. Your wife's removal of the children from Israel ,without your consent, was wrong, and an act of child abduction.
My son was supposed to return to London with his Israeli mother, after a holiday in Israel,and resume his studies there at school but she insists on staying in Israel, where her family live, although we have always lived in England. Can I bring legal action for my son's return, without filing for divorce ,and how quickly could my son be ordered back home?
Yes, you can bring Hague Convention child abduction proceedings for your son's return at the family court in Israel, without filing for divorce. Both the U.K. and Israel are bound by a Hague Convention dealing with child abduction, and there is a default time frame of 6 weeks for a judgment in first level proceedings, from the time the Hague file is opened. In the summer of 2018, our law practice successfully represented fathers in two separate Hague convention proceedings in Israel, one to the U.S.A,at Jerusalem Family Court, and the other, to Argentina, at Petach Tikva Family Court, securing return orders from Israel, in each file, in August , within the prescribed time frame, with all the children actually leaving Israel and arriving at their respective destinations, by August 31st 2018.
Additional Comment: The US return order was granted after Hague proceedings initially filed against the mother in April 2018 were withdrawn by the father, in June, shortly before the final stages, following direct dialogue between the parents themselves, but refiled ,in August, after the children were not returned. The judgment endorsed the mother's undertaking, in the new proceedings, to return the children by the end of August 2018, after she had been served with the second Hague plea. The return order was granted 11 days after the proceedings were refiled - c 4.5 months after the first Hague proceedings were opened .
My friend told me that I have no chance in getting my kid back to America from Israel if their Israeli mum (my wife) is Jewish and I am not. They flew out to Israel for a short visit on return tickets but now she refuses to come back to Florida where we have lived together ever since we got married and where our son was born and has always lived. Is my friend right?
No! Your right to bring proceedings to get your son back from Israel has nothing to do with your religion and would be heard by the relevant family court in Israel.This is a civil court and it would hear the plea according to an international convention which binds both Isael and the United States - the 1980 Hague Convention on the Civil Aspects of Child Abduction. The legal points you have to prove to be entitled to get a return order are not connected to religion but relate to proving your rights as a father, that the USA is your son's place of habitual residence and that your son is being retained in Israel against your will. From the background information stated, you should be entitled to an order for your child's prompt return, if you bring proceedings without delay and within the time frame allowed. Only if you exceed that time frame, and then try to get your child back, could the case be widened.
Our legal practice has successfully represented non-Jewish fathers in Hague Convention proceedings for the return of children abducted to Israel by Israeli mothers who were Jewish.
My wife just sent me a cynical New Year greeting for 2016, saying she is not coming back to home to Israel, with our daughter, but is remaining in Italy with her family. She is Roman Catholic, and Italian. I agreed that she could fly out with our child to spend Xmas and the New Year with her family. What can I do?
Bring Hague Convention civil child abduction proceedings for your daughter's return to Israel. Both Israel and Italy are bound by the convention covering child abduction, including cases like yours, of wrongful retention, whereby you agreed to your wife taking your child out of Israel, her place of habitual residence, for a visit only, but you did not agree to her leaving Israel and relocating, permanently, to Italy. Her non-return without your consent is known as "wrongful retention" and is a form of passive child abduction. The proceedings will be held in Israel but it may be useful to get a declaratory judgment from an Israeli court to prove that Israel is your daughter's country of habitual residence.
Can filing court proceedings in Israel for the return of abducted children actually prompt the parent who has taken the children , to agree to go back home quickly with them?
Quite possibly - if, for example, after being served with a professional drafted plea, the defending parent realizes , on receiving advice ,that his/her legal position is difficult, then he/she may back down quickly, perhaps with the added intention of reducing possible "damage" in legal proceedings abroad in the future.
Our practice filed Hague Convention proceedings for a father whose children had not been returned from a vacation in Israel in August 2014, and just 8 days later , the family court authorized a joint notice signed by both parties' counsel, according to which the mother and children would return home to the States , on a specific date, and the file would be closed, after the minors' safe return to the U.S.A , without a finding as to whether there had been an abduction or not.( File No. 13200-08-12).
In theory, 6 weeks, as Israeli law adopts this time-frame set in the Convention itself, in its domestic law, and special permission is required to digress from this framework. In practice, Israeli courts usually take longer for the first instance judgment.
In case 5134-05-12,where this practice successfully represented the father in Hague proceedings for the return of 3 abducted minors to the U.S., Tel Aviv Family Court took 11 weeks to give its judgment, in July 2012, including a break for negotiations, after the main hearing. However, in a case decided upon in August 2018, where the left-behind parent was represented by our law practice, judgment regarding the return of a minor to Argentina was given by Petach Tikva family court within the 6 week time-frame.
Can child abduction proceedings be brought against me if my 15 year old son adamantly refuses to return to Israel, where he lives with his father,who has custody, declaring he wants to stay with me, and I am passive?
Yes! The non-return of a minor under the age of 16 to the country representing the centre of his life, is likely to be regarded as an act of abduction under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and the United States. The father could initiate child abduction proceedings for the minor's return but the refusal of a 15 year old is likely to be regarded as a legitimate reason for the non-granting of an order for his return to Israel, in a U.S. court, which would hear the Hague proceedings.
The problem may be solved by negotiation between the parents, out of respect for their son's true wishes. If such negotiation succeeds, a new agreement should be drafted which provides for the legal transfer of the minor into the mother's custody and his relocation to the U.S.A and , of course, for the provision of visitation rights for the father. The agreement should be authorized in the relevant courts, in Israel and America. If no settlement is reached, and/or the minor is not voluntarily returned to Israel, then there may be no choice other than to wage a legal battle, in the United States, either for the minor's return, or over his custody.
Could a mother who abducts a child to Israel succeed in preventing an Israeli court from ordering the child returned abroad because she would be at risk of being arrested for child abduction in her home country?
The chances are slim. As part of an appeal before the Supreme Court of Israel in August 2010 concerning a child abducted from the United States to Israel, it was held that: "..experience shows that aside from exceptional cases such as the abduction of the child using violence or repeated abductions – the chance…of (her) being arrested are not great…we will not accept the claim that the abducting parent will be able to claim that there is an obligation to leave the child in the country to which he was taken because of the fear of arrest in the state where the abduction was carried out. Of course, this is not the viewpoint of caselaw."
How can I get my children back home to Israel, from Thailand, after my Thai wife refuses to return to Israel after a holiday?
By invoking the 1980 Hague Convention on the Civil Aspects of Child Abduction which applies to alleged acts of international child abduction between Israel and Thailand since 1/11/03. You can start off the process in Israel but the proceedings will take place in Thailand and you will be appointed a lawyer by the Central Authority in Thailand ,created under the convention, to represent you there.
I don't have custody of my child, only visitation rights, in Israel. Can I still bring Hague Convention proceedings to get my child back to Israel, if her mother, who has custody does not return her from a visit to her family abroad?
Yes ! A non-custodial parent with visitation rights can certainly bring Hague Convention child abduction proceedings.
I agreed to my wife visiting her family in the States, with our children after the birth of our youngest child, but now she refuses to come back home to Israel. Is this child abduction , if I consented to her visit in the first place ?
Yes - it is 'wrongful retention' , one of two possible acts of child abduction, under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and the U.S.A. Once your wife refuses to return the children beyond the time scale you consented to, then your consent ends, their continued stay is illegal, and an act of child abduction.
My wife abducted our kids to Israel a few months ago and then promised to come back home to work on our marriage, if I closed the Hague Convention child abduction proceedings I had brought against her there in court. I was naïve and cancelled the file, but she broke her promise, and still hasn't returned home with the kids, a month later. Can I refile under the Hague Convention in Israel, and still have a chance of getting my kids home?
Yes , if the file was closed in a manner which did not compromise your rights and you still meet the pre-conditions for a return order .
Our office successfully represented an American father who opened Hague proceedings, for the return of his children to the U.S.A, at Jerusalem Family Court in August 2018, for the second time, after he had closed the original Hague File ( opened there in April 2018) in June 2018, in the hope of saving his marriage, trusting his wife to keep her promise, without acquiescing to the minors remaining in Israel. Significant findings,favourable to the father, were made in the original proceedings, before the file was closed. Judgment was given in the second case, ordering the mother to bring about the return of the children to the USA by August 30th 2018 , based on her own specific undertaking to do so, and was given, without conditions, and without the need for a further hearing.
Do I , as a dad, have a right to demand that my child return to Israel where he lives with his mother, if she is a single foreign national? He stays with me at weekends and during holidays.
Yes! If you are the child's biological father, under Israeli law, then you have shared, parental decision making rights, equal to those of the mother, as the child's natural guardian, including about where the child should live. If the child is habitually resident in Israel, the mother cannot unilaterally impose a change in the minor's place of residence by relocating permanently overseas with the child, against your will. If she does, you are entitled to bring child abduction proceedings overseas, for the minor's return.
It is easier if you are already formally registered as the child's biological father, and listed as such in his/her birth certificate, but it is also still possible, even if paternity is not formally registered.
I am devasted, spending Christmas at home in England, alone, while my wife refuses to return home with our daughter, whom she should took to Israel, with my consent, for a short visit during her Chanukah vacation from nursery school, on return tickets. We are all British, married in London, and have lived all our married life in England, where our daughter was also born. My father-in-law is Jewish, retired , wealthy, lives in Herzliyah Pituach and "spoils" my wife . Since he divorced my mother-in-law (who like me, isn't Jewish) and made "Aliyah" to Israel, he has been pressurizing us, particularly my wife, for our family to move to Israel, even though he knows I am against the idea. What can I do to get my daughter back?
Bring Hague Convention child abduction proceedings for the immediate return of your daughter from Israel (where she is being wrongfully retained by her your wife) to the U.K., her country of habitual residence, at the family court in Israel. From the background provided, all the pre-conditions are met entitling you to be granted an order for the "prompt return" of your daughter to the U.K. . Unless you are manipulated or tricked by your wife, into allowing her to stay on (which could give rise to a defence of "acquiescence") or she can prove a "grave risk" defence (which is exceptionally difficult and irrelevant if you are normative), then you can expect a return order to be granted within 6 weeks of filing.
My husband has broken his promise that we and our young children would return home to Canada if our trial move to Israel failed. What legal action can I take to return home with the children?
Possibly bringing civil child abduction proceedings against your husband in Israel for the return of your young children to Canada - depending on the exact circumstances of your case, and the evidence available.
You would be advised to seek specialist legal counselling without delay to see if you meet the pre-conditions for bringing a Hague Convention case for passive child abduction (wrongful retention of the children in Israel) . Both Israel and Canada are bound by an international convention designed to prevent and deal with both the wrongful removal and the wrongful retention of minors from their country of habitual residence by one parent where there are two parents with parental rights concerning where their mutual children should live. Among the pre-conditions you would have to prove, would be that your last shared intention with your husband was for a trial move only to Israel, during which period Canada remained their habitual place of residence. A limited window of opportunity exists for bringing such action and the sooner action is taken, the greater the chances of achieving the children's return.
Sometimes bringing Hague Convention proceedings can precipitate mediation and a negotiated settlement to a conflict between parents about where the family should live/comprehensive international divorce package. For example, in April 2014, our law practice brought Hague Convention proceedings for the return of two minor children, to the USA, at the Krayot Family Court on behalf of a married mother, against her husband, in similar circumstances, together with an immediate request for a referral to mediation at the court assitance unit. Following this a negotiated comprehensive divorce settlement was achieved, and authorised in court, in Israel, and in less than 3 months from the time of filing, the children actually returned to the States, with their mother (File 40036-04-14).
How can a father fighting for the return of his abducted children under the Hague Convention, in an Israeli court, counter the mother's defence claims that he "resigned himself" to them remaining in Israel with her?
He can use any relevant documentary evidence he has to show he was not passive, but active and demanded and took action to secure their return. In July 2012,Tel Aviv Family Court accepted the plea by a father,represented by our law office, for the return of 3 children to the U.S.,in File 5134-05-12,in Hague Convention Child abduction proceedings, giving considerable weight to the text messages between the parents which the father had submitted, to successfully rebut the mother's claims of "acquiescence" on his part.
My wife is a Filipino and has run off to the Philippines with our children. Can I get them back to Israel,where we all live?
Yes, it is possible, though difficult, as the the 1980 Hague Convention on the Civil Aspects of Child Abduction, which makes the process of returning abducted children much easier, does not apply to abductions between the Philipinnes and Israel. Legal action can be brought outside the convention in the Philippine courts, to get your children returned. Our legal practice can assist in this matter and work together with lawyers in the Philippines to act to secure the return of your children.
In 2016 the Philippines acceded to the Hague Convention on child abduction , but so far only Japan has accepted its accession and although Israel is bound by the Convention, it does not apply to abductions between the Philippines and Israel.
When can an Israeli court hearing a Hague Convention plea for the return of an abducted child order a report to examine whether he or she has 'settled in' to the environment in Israel?
Only after a year has passed since the alleged act of abduction and the start of Hague Convention proceedings in Israel. The Israeli Supreme Court emphasized this in August 2010 concerning a child whose return was sought to Nevada, U.S.A. What matters is when the Hague file was opened, not when the court really started discussing the case, it said. The latter interpretation of the 'opening' of proceedings was wrong, contrary to the Hague Convention and would encourage abduction, it said.
I am a divorced man,living in the Ukraine. How can I get my son back from Israel, after my 'ex'wife said she was taking him to Israel for a fortnight's holiday,to see her family,but now refuses to return him?
Since 1/2/07 the 1980 Hague Convention on the Civil Aspects of child abduction applies to alleged international child abduction between Israel and the Ukraine. You can bring Hague Convention proceedings for the return of your son,who appears to have been 'wrongfully retained' in Israel by his mother, and ask the family court in Israel,which will hear the proceedings, for a return order.
How quickly must a parent whose child has been abducted act under the Hague Convention?
While technically speaking the Hague Convention gives a 'left-behind' parent up to 12 months to act from the time of abduction until starting legal proceedings, the reality is that he/she is strongly advised to act almost immediately, to increase the chances of securing the child's 'prompt' return. The sooner a 'left-behind' parent acts the greater the chance of securing a return, and vice versa. A 'left-behind' parent who acts within days or a few weeks of an abduction will increase the chances of his/her abducted child being returned quickly.
In many 'Hague' countries, courts have held that a child can establish habitual residence in the new country very quickly, for example, after a few months, and in some cases, even sooner. If it is proved that a child has become habitually resident in the new country, this means that a request for a return order would be rejected on the grounds of failure to prove 'habitual residence' i.e. that the child was no longer habitually resident in the 'old country' even if he had been wrongly removed.
How can I get my son back to Russia after his mother abducted him to Israel?
By bringing Hague Convention child abduction proceedings in Israel, if your son was habitually resident in Israel , he is under 16, and less than a year has elapsed since his abduction to Russia. The Russian Federation signed the Hague Convention on the Civil Aspects of Child Abduction in 2011. Israel approved its accession on 21.12.2011 and the convention became "relevant" as regards abductions between the two states as of 1.3.12.
What is the most direct legal action I can take to get my children back home to the States after my wife ran off to Israel with them-where her parents live- while I was at work and refuses to return?
File fast-track Hague Convention civil child abduction proceedings against your wife at the family court in Israel, for the "prompt return" of the children to the U.S.A, presuming that the States is their country of habitual residence, and they were removed from Israel without your knowledge and consent, as indicated by you.
Can I bring Hague proceedings against my wife, who abducted our children to Israel, to get them back home, to the U.S.A, without filing her for divorce?
Yes! Hague proceedings are entirely independent of divorce proceedings.
My 'ex' girlfriend and the mother of our Israeli-born baby flew to France to visit her family for the Jewish New Year,with my blessing, but they missed the return flight to Israel, and now she says they aren't coming back at all. What can I do?
Bring Hague Convention civil child abduction proceedings for the child's return to Israeli at the appropriate Israeli family court. If the mother is holding your mutual child in France in excess of the period agreed upon for his/her visit to France, against your will, and the child is habitually resident in Israel, then, on the face of it, this amounts to wrongful retention, a passive form of child abduction and you would be entitled to a prompt return order, unless a defence is proved.
Hague Convention proceedings are emergency proceedings that are supposed to end in a first level judgment within 6 weeks from the time of filing for a return order.
How quickly can legal action be taken in Israel to get back abducted children to the States where have lived since we got married ? My Israeli wife disappeared with our kids while I was at work here in California, a few days ago – I came home to find an empty apartment, without my family, and their passports missing. My wife won't answer her cellphone, her family in Israel hung up the line when I phoned , and I have already found out through police and Interpol that she and the kids landed in Israel and have not left.
If you hire legal counsel directly, rather than waiting for an appointment of a lawyer through the Hague Convention authorities, then a plea can be filed very quickly, within a matter of up to a few days, at the relevant Israeli family court, for an order for the prompt return of the abducted children from Israel to the U.S.A, their country of habitual residence. Immediately upon filing, you can apply for relevant urgent ex-parte applications e.g to request the deposit of your wife and children's passports and to grant stop-orders against them, to ensure that the Hague Convention child abduction court proceedings can take place in Israel , and very importantly, to prevent the children being re-abducted to another country, especially to one not bound by the Hague Convention.Unlike in some jurisdictions, where opening the file is quite a technical act, in Israel, you need to file a Hague child abduction plea with the relevant background, substantiated, with relevant documentation, to show that the preconditions for granting a 'prompt return' order are met.
Can children taken to Israel by one parent without the other's consent be returned without an oral proof stage in Israeli child abduction court proceedings for their return?
Yes, as an exception! On January 30th 2014 Petach Tikva Family Court gave a judgment in Hague Convention child abduction proceedings (File 33941-12-13) brought by the father (represented by our law practice) ordering the return of 4 children removed from the United States to Israel by their mother without the oral evidence stage of proceedings. At the preliminary hearing, after filing her defence, the mother agreed to return the minors, in principle, but demanded various conditions, which were unacceptable to the father. After the parties failed to reach a comprehensive negotiated settlement, they agreed that the court should rule on the conditions for the return, without the need for the full proof stage, in the light of the mother's consent to return to minors to the USA, which she acknowledged as their place of habitual residence.
How can a father ,who is overseas with his child's foreign passport, be prevented from carrying out his threats to travel to Israel,and abduct the child ,who holds dual nationality, from Isarsel, where he lives with his mother?
The mother can apply to the relevant Israeli family court for an urgent ex-parte order preventing the departure of the child from Israel,and specifically request that the child's foreign passport details are included in it, in order to prevent his abduction by his father,or a third party. The foreign embassy should also be informed of the order so that a replacement foreign passport, or temporary travel document (Laissez Passer) is not issued for the child meantime, based on a possible false declaration by the father that the child's passport has been lost.
I have been refused permission to relocate to Israel with my children, aged 10 and 12, in legal proceedings I brought in the States, following my separated husband's objections. Inspite of this, I am still considering coming to Israel with them, because we are being thrown out of my rented apartment and have nowhere to live, although I could probably live in our apartment,in Israel, which is the subject of legal proceedings between me and my separated husband. Am I likely to face legal proceedings for child abduction if I do so, and would I have any defences available?
Firstly, if you relocate to Israel with the children, after being denied permission by an American court, rather than appealing , you will be taking the law into your own hands, ,and will very likely face proceedings in Israel brought by their father, under the 1980 Hague Convention on the Civil Aspects of Child Abduction. This convention binds both Israel and the U.S.A. You can expect to have to defend a plea for an order for the children's prompt return, in proceedings against you at the family court in Israel.
From your brief description , your planned actions would appear to be an "act of abduction" under the convention – a wrongful removal of the minors, from their country of habitual residence ,in breach of their father's parental rights, if he has been exercising them (i.e. has been in contact with the children) up until the "abduction". A few possible recognized defences might be relevant, but you would need to consult with a family law expert experienced in Hague Cases, to assess all the necessary background,and available evidence,and get strong professional advice, and representation, if relevant . Hague defences are very difficult to prove,and the Convention is strictly interpreted by the Israeli courts.
One possible defence, if you do face Hague proceedings, would be the children's own refusal to return. Children of 12 and 10 would probably be regarded as sufficiently mature to have their opinions taken into account, and the Israeli family court would probably appoint an expert to determine whether this is indeed the case, and that their refusal was genuine,and that they had not been "brainwashed" or pressurized by you. Another possible defence ,related to the accommodation issue you mention, is that a return to the States would pose a "grave risk" to the children – and place them in an "impossible situation" . The expert, if appointed, would probably be asked to give his opinion on this , too.
Of course, there is also the possibility that their father will back down and negotiate an overall settlement,allowing the children to remain in Israel with you. In this connection, if you "play for time", it is possible that their father may not initiate proceedings immediately,and if he does so, after some time, further defences may become relevant – that the children are settled in to their new environment,and that Israel, and not the States, is now their country of habitual residence, or that their father "acquiesced" (agreed after the fact), if you can provide suitable evidence.
What legal steps can be taken to get a mentally handicapped adult child, who is a protected person in foreign legal proceedings, back 'home' if he has been abducted to Israel?
A special plea for his return can be made at the appropriate Israeli family court based on the recognition of foreign order/s for the return of the protected person or vulnerable adult.
Our law practice successfully represented the UK mother of a 21 year old mentally handicapped daughter with autistic tendencies, epilepsy and challenging behaviour who lacked legal capacity in the UK and who had been abducted to Israel by her father. She was returned to the UK within 7 weeks of legal proceedings being opened in Israel. A Habeas Corpus plea based on the recognition of the UK orders was filed on the mother's behalf. The judgment ordering the daughter's return was given by Tel Aviv Family Court in the Spring of 2010, and withstood two unsuccessful attempts by the father, who had applied for a stay of proceedings at the District and then the Supreme Court , to stall the implementation of the return order, prior to actually filing an appeal at the District Court. He later withdrew his appeal at the District Court.
The daughter was abducted by her father who had acted to foil a residential placement based on a 'best interests' judgment by the High Court of Justice (Family Division) in London , which was not to his liking.
As the daughter was over 16 the Hague Convention on the Civil Aspects of Child Abduction did not apply,although both Israel and the U.K. are bound by it. A Hague Convention dealing with vulnerable adults does not apply to abductions between Israel and the U.K., so that a legal lacuna (loophole) existed as to the appropriate legal steps to be taken.
I am married to an Israeli,in a problematic marriage. He agreed to me visiting my native U.K. with our children for a holiday.Being away from him has made me realize our marriage is over. Am I legally entitled to stay on here with the children,and not return to Israel?
No! You are not entitled to remain abroad with your children,against your husband's wishes. If you do so, you risk him bringing legal proceedings against you in the U.K., for their return to Israel, following their 'wrongful retention',an 'act of abduction' under the 1980 Hague Convention on the Civil Aspects of Child Abduction,which binds both Israel and the U.K. Marital breakdown is no defence or excuse to child abduction,under this convention.
Can children not be returned from Israel under the Hague Convention because they have been in the country too long?
Yes, if the children have been living in Israel for more than a year, and were abducted from another 'Hague' country, then , according to the Hague Convention on the Civil Aspects of Child Abduction, the court has discretion not to order a return them, if it has been proved that they are now 'settled' into their new environment.
In practice, however, children who have been abducted to Israel, from another country which is bound by the Hague Convention, may not be subject to a return order, on the grounds that Israel, and not the country where they were allegedly abducted from, is the country of habitual residence . A child can establish habitual residence in Israel relatively quickly, and a Hague return order can be refused , because Israel has now become his/her country of habitual residence. Accordingly, it is important to act very quickly to ensure a quick and prompt return of abducted minors.
Also, the longer a 'left-behind' parent waits without acting the greater the chances of acquiesence being successfully claimed by the abducting parent.
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News Scan
* Sabre Pours Millions Into Technology Upgrade
Sabre Holdings Corp., the travel-service provider and operator of the massive Sabre airline reservations system, is replacing some of its aging mainframes with NonStop Himalaya servers and database software from Compaq in a deal valued at more than $100 million, the companies disclosed last week.
The deal is one of the largest single technology investments Sabre has made and will culminate in one of the world's largest installations of NonStop Himalaya systems. The NonStop Himalaya systems were developed by Tandem Computers, which Compaq acquired in September 1997.
Sabre will migrate its mainframe-based "air shopping system" applications to the Himalaya servers during the next three to four years, says Jean Allen, technology solutions VP at Sabre. Customers and travel agents use the applications to search for available seats and air fares. Sabre's booking and fulfillment applications will continue to run on mainframes for the foreseeable future, Allen says.
The first phase of the project, involving the installation of up to a dozen 16-processor Himalaya servers, is scheduled for completion during the first quarter of next year. The new technology will reduce the system's cost of ownership by 40% and cut by 75% the amount of time needed to update fares, seat availability, and airfare rules.
"This gives us the ability to realize lower costs and greater developer productivity without giving up 7-by-24 availability," Allen says. On a typical day, more than 300,000 changes are made to the 45 million fares stored in the system's database, according to Sabre. Sometimes as many as 2 million fare changes are made at times when airlines offer airfare specials.
--Rick Whiting ([email protected])
Boeing Sharpens Its Fiscal Sense
The Boeing Co. is using Business Objects SA's WebIntelligence query, reporting, and analysis software to manage the finances of the multibillion-dollar International Space Station project. With the project generating 1 million financial records every month, the software will have its work cut out for it.
Boeing's Space and Communication Division in Houston, which is the prime contractor for the space station, began using WebIntelligence in June to track all project costs and stay within the budgetary guidelines set by NASA. WebIntelligence analyzes information in a data warehouse based on Informatica Corp.'s PowerCenter, which in turn gets its data from PeopleSoft Inc. financial applications.
WebIntelligence is running in parallel with the project's old financial-analysis system, a patchwork of spreadsheets and disparate databases that provided managers with only a consolidated view of expenditures, says Bessie Estep, IT and data-systems director at the Houston operation. With WebIntelligence, managers "can explore all the details down to the lowest level," she says.
Later this month, the old system will be shut down and 125 managers and analysts at multiple Boeing facilities will rely solely on the WebIntelligence system. Boeing wouldn't disclose the project's cost.
CompuCom Offers Wireless Test Drive
CompuCom Systems Inc. says it has an answer for companies that want to evaluate wireless technology in real-world situations without incurring the risks associated with large-scale mobile deployments. Under the systems integrator's new Mobile and Wireless Test Drive program, CompuCom will install a wireless infrastructure that businesses can test for 30 days for a nominal labor charge.
The infrastructure consists of hardware and software from CompuCom and its partners. Compaq is providing iPaq Pocket PC handhelds; Infowave Software Inc. offers software to enable secure data access; and Sierra Wireless Inc. manufactures the wireless modems. Companies participating in the program get access to wireless E-mail applications and airtime through Sprint's national PCS network. CompuCom offers wireless consulting, integration, infrastructure, and outsourcing services to companies that want to move to a full deployment. The program is open to large companies and government institutions that maintain their own IT staffs.
But some analysts question the effectiveness of such a program. Says Ken Dulaney, VP for mobile computing at Gartner, "It would typically take a lot longer than 30 days to determine how supporting wireless devices will impact your organization."
--Paul McDougall ([email protected])
IDC FutureScape: Worldwide Digital Transformation Predictions

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