My wife,a filipino, travelled to the Philippines with our young child, to visit her family there. They have not returned to Israel,where we live. What are my options? My wife and child are both dual citizens.

Unfortunately, the Hague Convention governing civil aspects of international child abduction is not yet in force between Israel and the Philippines.

 

The Philippines acceded to the convention on  29.3.2016 , with it becoming a "Hague Convention" Country only on 1.6.2016. At present, only Japan has accepted its accession, so currently the Hague Convention is only relevant regarding abductions  between Philippines and Japan, though hopefully, other countries, including Israel, will accept the accession, so that it will have wider effect.

 

Currently, therefore, you would need to take direct legal action in the Philippines via experienced specialist counsel there, for a non-Hague order for the return of your child and/or to represent you in custody proceedings there, if perhaps already initiated by your work. You would be advised to select counsel in the Philippines who would work in conjunction with English speaking specialist family law counsel, in Israel, to maximize your representation and thereby improve your chances of returning your child. 

 

Our law practice could, for example, offer such assistance, and provide an expert legal opinion on Israeli family law  , to be presented overseas, to explain about your equal parental rights under Israeli law and the independent rights of the child (who is an Israeli citizen, too) , and how they have been breached. We could, also assist in the preparation of detailed affidavits, and gathering relevant evidence, regarding  habitual place of residence and joint parental intentions.

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.