Abduction to a Non-Hague Country

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Fast-track Hague Convention proceedings can be used for abductions between Israel and Russia- contrary to popular belief. Over the last few decades there has been a considerable wave of immigration from the former USSR, particularly from Russia and the Ukraine, to Israel, but for many years  neither Russia nor the Ukraine had become bound in any way by the Hague Convention. In 2007, Israel accepted Ukraine's accession,so that the Hague Convention came into force regarding child abductions between Israel and Ukraine. In 2011, the Russian Federation acceded to the Hague Convention. Israel accepted Russia's accession on 21.12.2011. The Hague Convention came into force for child abduction between Israel and Russia on 1.3.2012. 

 

 

India is not bound by the Hague Convention and it is known to be very difficult to get abducted children back from this vast continent.If the location of the child is, however, known, an application for his/her return can be made to the High Court of the particular state involved, with a right of appeal to the Supreme Court in New Delhi.

Abductions of children from Israel to the neighbouring Palestinian Authority are not covered by the Hague Convention. Thus a parent of a child living with Israel who has been wrongfully removed or retained in the Palestinian Authority will have to make an application akin to a Habeas Corpus" writ before the appropriate court there."

None of Israel's immediate Arab neighbours – Jordan, Egypt, Syria or Lebanon – is bound by the Hague Convention. Proceedings for the return of children abducted to these states from Israel will, therefore, have to be made directly in the appropriate court.

 

The situation is different, however, with Morocco, a more distant Arab neighbour, which acceded to the Hague Convention in 2010. Following Israel's acceptance of Morocco's accession, the convention came into force regarding child abduction between Israel and Morocco, as of 1.6.2010.

Tunisia acceded to the Convention on 10.7.2017 but Israel has not accepted its accession and the convention is not in force between the two countries.