Forum Questions - Mediation & Agreement

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.

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

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.

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.

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.

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

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.

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.

Yes! For example, in a Hague Convention case in which our legal practice represented the Mother (the Plaintiff) in 2014, the parents reached a negotiated settlement, in the form of a detailed written agreement, that was authorized, separately, in two languages and became incorporated into a Judgment, giving it full legal validity. The agreement was first authorised in Hebrew,at a hearing, in July 2014,and later the same month, in English, after the parties' counsel agreed on a parallel version/translation  in English. (Krayot Family Court 40036-04-14).

Yes! It is possible to open Hague Convention child abduction proceedings  at the family court in Israel,  and  at the same time specifically file for a referral to mediation.

 

This is exactly what a mother, represented by our legal practice, did at the end of April 2014, when she opened child abduction proceedings at the Krayot Family Court for the return of the couple's minor children - whom she claimed were being wrongly retained in Israel by the husband/father -  to the U.S.A.  The mother filed simultaneously for a referral to the court's assistance unit, which offers mediation services free of charge. The father filed his defence pleadings but the court process was put on hold, to give mediation a chance and the case ended by a negotiated settlement, which was authorized in court in July 2014 (Family file 40036-04-14). The settlement was incorporated into a judgment dealing with  divorce, relocation of the minors back to the USA with the mother, in her custody, child support,  arrangements for visitaiton in both countries, and ongoing virtual contact, and financial issues.

 

 

Hague Convention Countries

The “Hague” countries that are bound by the Convention in relation to abductions to and from Israel are:

Andorra | Argentina | Australia | Austria | The Bahamas | Belarus | Belgium | Belize | Bosnia and Herzegovina | Brazil | Burkina Faso | Canada | Cayman Islands | Chile | China | (Hong Kong & Macau) | Colombia | Croatia | Cyprus | Czech Republic | Denmark | Ecuador | Estonia | Falkland Islands | Fiji | Finland | France | Gabon | Georgia | Germany | Greece | Honduras | Hungary | Iceland | Ireland | Israel | Italy | Japan | Latvia | Lithuania | Luxembourg | Macedonia | Malta | Mauritius | Mexico | Monaco | Moldova | Morocco | Netherlands | New Zealand | Nicaragua | Norway | Panama | Paraguay | Peru | Poland | Portugal | Romania | Russia | St Kitts and Nevis | Serbia and Montenegro  | Singapore | Slovakia | Slovenia | South Africa | Spain | Sweden | Switzerland | Turkey | Turkmenistan | United Kingdom | United States of America | Ukraine | Uruguay | Uzbekistan | Venezuela | Zimbabwe

New countries may join the Convention in the future so that it applies to abductions between them and Israel, if Israel accepts their accession.