Forum Questions - Preventing Abduction

Almost immediately after it has been given, in principle. The lawyer representing the parent who won the order can check with the border police to see if it has been registered.

His/her Israeli identity card, which should cross-reference with any Israeli passport the child may have. If it all possible, also details of any foreign passport including the number. The child's name in English, as spelt in his/her passport is important, too, as is gender, place and date of birth.

This may be possible, in certain circumstances, as domestic Israeli legislation does recognize foetal rights and a Family Court could appoint a guardian for the foetus and possibly grant a 'stop order' for its removal from Israel while in the mother's womb. This area of law is complex.

No, as long as she does not leave England for more than one month. English law generally allows a parent to take a child out of the country temporarily for up to one month without the permission of the other parent, even though where they are married he has equal and joint parental responsibility for the child. So, make sure that her return tickets are within one month. If she stays longer than one month without your permission, this would be a case of a ‘wrongful retention’ under the Hague Convention, which allows you to take proceedings for their return.

Yes, an Israeli court can "punish" a parent who unjustifiably refuses to co-operate over a minor's passport by ordering costs against him/her. For example, in 2005 after hearing the evidence and viewpoints of the parties, Tel Aviv family court told a father that it had found no reasonable justification for him objecting to his teenage child being issued a new Israeli passport , and that if he withdrew his objection, and consented, no costs would be ordered against him. He refused to consent, so as well as ordering the Ministry of Interior to issue the child a passport, it ordered him to pay the mother's legal fees for bringing the action.

An order preventing a minor's exit is a stronger safeguard – the mechanism of the remaining parent's authorization provided for may be too weak or open to abuse by a manipulative parent. For example, if prior written agreement is required an "abducting parent" could forge this. The mechanism may not require written agreement, but just say agreement in which case the "abducting parent" could claim he/she had oral consent, and leave with the minor.
The whole point of a temporary order granted by the court is that it can be registered at all ports ,with the Israeli border police, according to the I.D. and passport details given for the minor, and thus minimize the risk of the minor leaving the country . There is always the risk of the minor leaving on a false passport, or an additional foreign one ,the details of which are unknown to the remaining parent, or being smuggled across a land border. Barring this,however,a 'stop order' registered at the points of exit from Israel should prevent the minor from being able to leave.

Yes! While, generally, the court will concentrate on the relocating parent providing financial guarantees , it may also ask the other parent to guarantee the return of the child/ren after the end of visitation. For example, in September 2005 Tel Aviv Family Court , in a case relating to the relocation of children to London, the relocating parent, the mother, was required to provide a $60,000 to guarantee the father's visitation rights. The remaining parent, the father, was required to provide a bank guarantee of 100,000 N.I.S. every time the children visited Israel, to guarantee their return to London.

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.