Forum Questions - Mediation & Agreement


My wife and I are now negotiating over the phone about the possibility of her coming back to Israel with the children. I think this is because I filed for their return under the Convention and she is worried that she may be in trouble with the police. Is there any danger of negotiating independently of my lawyer, when I have phone contact with the children?

es, she could be trying to get you to 'agree' without realizing it into the children remaining overseas. Once you agree (after the act) you cannot take it back. You may not even realize you are agreeing, and she may try and record the phone conversation and use it in evidence against you. Beware! Any agreement should be negotiated through your lawyers and authorized in court so that it is legally valid and enforceable. 'Self-help' agreements can rebound and basically provide the abductor with a defence.

Can a parent who has abducted avoid a full Hague hearing by agreeing to go back?

Yes, this is known as a ‘voluntary return’, the terms of which can be negotiated, and it has many advantages for both sides.

Can a voluntary return after a 'clear' abduction be conditioned upon the other parent not actively pressing criminal proceedings?

Yes, if the other parent agrees, this can be one of the conditions of the agreement.

Does a 'voluntary return' agreement say anything about whether there was an abduction or not?

No, it does not rule on that. It may refer to a removal or retention of the children, but will not say if this was wrongful or not. That is a basic tenet of a voluntary return.

What financial conditions can be attached to a voluntary return of a child abducted by the mother?

Payment of air-tickets home, rental or provision of accommodation and overheads for the mother and child, the payment of maintenance for them, plus even a lump sum payment.

What are the advantages of a successfully negotiated voluntary return?

It saves time, money and heartache, avoids dragging out the legal process via appeals, and provides the opportunity for parties to create a basis for co-operation in the future.

Is it normal for the parent agreeing to return to get extra time to prepare for the return?

Yes, up to a few weeks is normal in a court-authorized voluntary return agreement.

What happens if the parent who removed the child breaches the voluntary return agreement, and does not return the child according to the deal?

The agreement itself should provide for this event, but in principle a condition of such a voluntary return is that if the removing parent fails to return as arranged, the other parent is entitled to return the children.

If a voluntary return agreement, with certain conditions for the left-behind parent to fulfil, is not met by him, what does that mean?

On the face of it the removing parent may not be obliged to return the children at all, and the case is over, and the children will remain abroad. However, different options can be built into the agreement and the answer will depend on the wording in the particular case.