Child Abduction and Paternity Disputes: The woman I have been living with in Israel refuses to come back with our toddler. I gave her permission to go abroad to see her family , on a return ticket, which expired a short time ago. She told me that she has no intention of coming back to Israel with our young son. When I demanded that she return with the child and talk things over, she said that I was not his father. I never doubted I was the father before and our baby is registered on my I.D. card. I will fight with all my might to get my child back, but if I am not the biological father, then I don't want to used as a source of financial support , and would not want to force the child back to Israel! What can I do?
From what you say the mother may be trying to manipulate you into backing off, so that you do not bring child abduction proceedings against her , as it appears that the child is being wrongfully retained abroad. You do not say where your son is being held against your will, but if it is in a "Hague Convention" country , then if you do bring proceedings, the court will most likely be very sceptical about accepting claims of you not being the father , and will probably order the child's return, on the grounds that as the official documentation shows you to be the father, the place to deal with issues of paternity is in the country of habitual residence – Israel. For example, in 2002 a French court dealing with a Hague Case refused to deal with the issue of disputed paternity, and ordered a 4 year old back to Israel, stating that the mother could dispute paternity in the Israeli courts, but must first return the child. Thus, presuming your child is in a "Hague Convention" country, it would appear that you should initiate child abduction proceedings, and without losing time, with the aim of being granted a return order quickly. The issue of paternity can then be dealt with by the family court in Israel upon the minor's return – and be determined by genetic testing, which can only be done in Israel on the basis of a court order. Once pressure is brought on the mother by Hague Child Abduction proceedings, it may even be possible to negotiate an agreement for to be authorized by a court dealing with the proceedings abroad, which links consent to genetic testing and the other relevant issues, so that if you are not the biological father you will not object to her living abroad with the child, and you will not have any obligations financial or otherwise. Remember that time is of the essence – the longer the child is abroad, and the more time passes before you act, the lesser your chances of getting him returned are, especially given his young age, because very quickly Israel could cease to be the country of habitual residence.