Legal Action For Child Abduction Expenses: Can a parent whose child has been abducted from Israel and returned under the Hague Convention get expenses paid out to secure his/her return back in a costs order – and if so, in which country?
Yes, an order for costs may be obtained in either or both countries, though the same expenses claimed in one jurisdiction cannot be awarded again in the other. The court dealing with the claim has jurisdiction to accept, or reject the claim made, wholly or partially. In August 2005 a father whose child had been returned to Israel after successful Hague Convention proceedings in Australia was awarded some of the proven expenses he claimed in his plea for 700,000 N.I.S. against the mother at Tel Aviv Family Court . The Australian court had ordered the mother to pay him 9,000 Australian dollars for expenses resulting from the Australian proceedings. The Tel Aviv Family Court rejected the mother's argument that it had no jurisdiction to rule on expenses because the Australian decision on costs had ended the matter. It held that it could award costs against the mother for proven expenses actually paid out, and not dealt with in the Australian proceedings… and did so, index-linking them.