Forum Questions - Relocation After Abduction


Can a parent whose child was sent back to Israel under the Hague Convention gain lawful custody of him/her in the Israeli system, and permission to relocate abroad again?

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

Could an Israeli court hearing a plea for custody and relocation by a parent returned to Israel with a child in a Hague Convention case abroad, be antagonistic because of the 'history', so that chances of success are slim?

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.

Do courts in Israel usually condition relocation on financial guarantees if the parent relocating has previously abducted?
Yes!
I am an Israeli father whose child was abducted by my ex-wife. I brought successful Hague proceedings for my child's return. He is now in Israel with my ex-wife, but she has now been awarded custody and relocation. I am terrified she will abduct him again as the judgment is too vague about visitation and guarantees. What can I do?

Apply for delay in the implementation of the judgment, and appeal to the District Court.