Forum Questions - Moving Abroad

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.

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.  
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.  
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.  

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

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.

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.

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.

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.

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.

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.