Forum Questions - Moving Abroad

I am an English dad. My wife and I have been having marital problems. She is Israeli and went to visit her family with the kids for a short holiday. Now, she refuses to come back. What can I do?

Bring Hague Convention proceedings for your children's return. They are being wrongfully retained in Israel by your wife – this is a form of child abduction. A court in Israel can order their return.
 

I am a divorced Israeli mother living in England, with custody of the children. I want to move back home to Israel with them. Can I still do so if my 'ex' doesn't agree?
Yes, but only if you get permission from a UK court, after filing for relocation. If you just move with them without a relocation order, you will be abducting them, and could face Hague Convention proceedings for their return.  
I am a divorcee from Israel. In our divorce agreement, I agreed to my 'ex' moving back to Canada, her native country, with the kids. She undertook to bring them to Israel once a year for visitation, and to give me regular phone contact. She is flouting her commitments. What can I do?
File for the enforcement of your visitation rights in Canada. Where, as in your case, there is no child abduction, the Hague Convention is not very helpful in guaranteeing exercise of access rights, even though both Israel and Canada are bound by it.  
I do not have custody of my children, but do have visitation rights. Am I still entitled to use the Hague Convention to get my children back if my 'ex' has taken them abroad without my permission, and aims to settle there?
Yes, in principle, providing both the countries involved are bound by the Convention and you were exercising some kind of parental authority (in Hague language misleadingly called 'rights of custody') according to the laws of your home country when the children were removed.  
Ex Blocks Move Abroad – Relocation Plea - Can I still raise my children abroad legally if my 'ex' objects?

Yes, by filing and winning a legal action for their relocation abroad.

My American-born wife and I are fighting over custody in Israel. I am very close to the children, but the social worker's report is in her favour. If she does get custody I am sure she will want to move back to the States with them. What can I do to prevent this?

Unless you consent, she will be forced to bring a legal action to get court permission in Israel. If she does, you can file defence pleadings, and argue that relocation will not be in the children's best interests, and will/could result in irreversible emotional damage to them. If you really suspect she will abduct the children, you can apply for an ex parte 'stop order' to prevent the children leaving Israel.

When is settling abroad with kids legal and when is it not?
If the other parent consents, it is legal, but if he/she does not consent, then only if a court has granted an order permitting their relocation.
Can I still bring child abduction proceedings to get my children back if I agreed to them leaving the country in the first place – but their mother has refused to bring them back to South Africa when the holiday I agreed to in Israel was over?

Yes! This is known as ‘wrongful retention’ and is one of two forms of abduction recognized under the Hague Convention covering child abduction between member states such as Israel and South Africa.

Can a parent abduct a 'teenager'?

Yes, child abduction covers children up to the age of 18, but where they are between 16 and 18, the Hague Convention on Civil Aspects of International Child Abduction 1980 cannot be invoked even if both states involved are member countries. This is because the Convention only covers children under 16.
 

Which parent has the power to control whether the child can live outside of Israel, under Israeli law?

In principle, the decision should be joint, because parents have shared and equal responsibility under Israeli law for deciding where a child should live. If they cannot agree, the parent wishing to move abroad must win a relocation plea filed against the other parent, but first will need to obtain custody, if he/she is not already the custodial parent.