Forum Questions - Relocation After Abduction

No! Even if the children have been returned to Israel under the Hague Convention, in child abduction proceedings, they have a legal right to file, independently, as separate legal personalities, to relocate overseas, in your custody, and you can also file for their relocation.

 

The court can grant a relocation order even though there were child abduction proceedings overeas , if it considers that this to be in  the children's best interests, after all the evidence in the Israeli relocation proceedings has been heard/considered and the summation stage completed . Clearly, to be successful, you will have to overcome the stigma of the 'abduction' and any court-appointed expert who recommends relocation will have to stand up well to cross examination in court.

 

Our legal practice has successfully represented mothers in relocation proceedings, after they returned to Israel with minor children, pursuant to Hague Orders.

Yes, if the Israeli Family Court hearing the case is satisfied that this would be in the child's best interests after all.

No, there have been a number of cases in Israel in the last few years where mothers of young children who have been returned under the Convention, have fought custody and relocation cases to European countries, and won them, after having earlier returned to Israel following Hague Cases. They will get a fair hearing, and the child's best interests, as perceived by the court, will be the overriding factor deciding the case. A court may be sceptical about the parent's good faith – regarding honouring future visitation if allowed to leave Israel with the child, especially in the absence of substantial financial guarantees. Where real bias against a party is suspected, the option of asking for the judge to disqualify him/herself is always open.

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.