CAN A PARENT EFFECTIVELY PREVENT ABDUCTION?

Whatever legal steps are taken there is no 100% guarantee that abduction can be prevented in practice.

WHAT PRECAUTIONS CAN BE TAKEN RE PASSPORTS ?
 

A parent, who suspects that the other parent may try and abduct their mutual child, can be vigilant regarding the issue or renewal of passports, especially if the child has dual nationality. Consulates of different countries operate different policies regarding this, and a worried parent should check these out for himself. A further precaution is to photocopy the relevant page of a child's passport, or the other parent's passport where the child appears, or make a note of the numbers.

It is sensible to keep up to date pictures of the children, and their heights and distinctive features in case of abduction, when descriptions are vital.

WHAT'S IMPORTANT RE GETTING & RENEWING PASSPORTS?
 

ISRAELI PASSPORTS FOR CHILDREN
The Ministry of Interior, which is responsible for issuing passports to its citizens, recognizes that parental guardianship under Israeli law includes the power of one parent to veto the issue of a passport to a child under 18.

Children of divorced parents may receive passports only if both parents attend in person to sign their consent. Where parties are officially separated, similar precautions may exit. Where, however, parents cohabit, or separate unofficially, only one parent has to appear in person. Children's passports are for five years and the minors themselves are required to appear in person. Children can no longer be listed on a parent's Israeli passport. A child who is an Israeli citizen is supposed to leave and enter Israel on an Israeli passport.

Regarding Israeli passports issued at Consulates abroad, the procedures are different, but the principle exists that Israeli passports should not be issued outside of Israel without the knowledge and consent of a non-Israeli parent.

In practice, however, it has been known for Israeli citizens abroad to manage to get Israeli passports for their children at very short notice, in alleged 'emergency' situations without the knowledge and consent of the other, non-Israeli parent abroad.

NON-ISRAELI PASSPORTS AND DUAL NATIONALITY
Where a child has dual nationality, having a foreign as well as an Israeli passport, the situation is more complicated, as although he/she is supposed to leave Israel on the Israeli passport, it is possible to do so on a foreign passport.

Physical presence of the parent who does not apply for the passport may not be needed. The details of the foreign passport may not be known to the other parent, and may therefore elude a 'stop order' issued by an Israeli court. It is, therefore, advisable, where possible, to keep a note of children's foreign passport details.

SPECIAL ARRANGEMENTS FOR FOREIGN PASSPORTS
The US has changed its policy about issuing passports to children. Both parents must attend in person for a child to be issued a US passport. The US Embassy in Israel co-operates with the Israeli authorities with information about the issuing of passports where a possible abduction is suspected.

A parent who suspects that a child with US citizenship who is habitually resident in Israel might be abducted out of Israel can notify the US embassy. He/she can request that a new passport should not be issued, if, for example, an Israeli court rules on a dispute between the parents.

Certain other embassies may also co-operate in this way, but there is a general policy of not trying to make life difficult for a citizen of that country who wishes to take out a passport for a child. It is generally regarded as up to the other parent to get legal advice and, if necessary, apply for a 'stop order' to prevent the minor leaving Israel if there is a fear of abduction.

OPTION OF LEGAL ACTION RE ISSUE/RENEWAL OF PASSPORT

In the face of opposition by one parent to the issue or renewal of a child's Israeli passport, the other parent can bring a legal action at the Family Court.

After hearing the reaction of the objecting parent and the Ministry of the Interior, the court can decide whether opposition to the issue/renewal of the passport is justified or not. If it is not, the court can order the Ministry of Interior to issue/renew the minor's passport.

WHAT COURT PREVENTATIVE COURT ORDERS ARE THERE ?

 The most effective preventative action that a parent suspecting abduction can take is legal action. A parent may apply for the following orders in the country where the child lives:

• A 'STOP' ORDER (known as a 'stay of exit' order in the US) preventing the minor's across any of the country's borders. This can be obtained ex-parte (without the other side knowing of the application, or the granting of the order until after it is granted). Once an Israeli Family Court grants such an emergency 'stop order' – even out of hours and ex-parte – it is sent immediately to the border police at airports and all crossing points
• an order requiring the suspected abducting parent to deposit the child's passport with the court, or the other side's lawyer
• order the removal of the child from a parent's physical custody by social welfare services where there is a strong suspicion that abduction is imminent
• an injunction to an existing custody order so that removal of the child automatically becomes contempt of court
• an order setting FINANCIAL GUARANTEES for access (visitation) abroad before a non-custodial parent living abroad can remove the children for access/visitation in the country he lives, and to ensure their return at the end of access/visitation
• an order setting hefty FINANCIAL GUARANTEES and/or mirror order as a pre-condition to relocation, where the custodial parent has gained permission to relocate with the minors and the non-custodial parent is highly concerned that the relocating parent will not allow the child to come to Israel for access/visitation.

HOW HIGH ARE THE FINANCIAL GUARANTEES SET IN ISRAEL?

The various financial guarantees set by Israeli courts to deter child abduction and encourage the return of minors after visitation abroad – following permission for a custodial parent to relocate or go on a foreign holiday with a child, or where the non-custodial parent lives outside of Israel – relate to the risk involved. Where there has been a history of child abduction, the guarantees set are generally much higher than where there has been a history of respect for court decisions on custody and visitation. Guarantees usually vary from anything from around $US 10,000 to up to even $200,000 per child.

ISRAELI CASE STUDY
In 2003 an American mother who had immigrated to Israel with her ex-husband's written consent, feared he would not return them to Israel at the end of their planned visitation in the States, following him filing for custody in his home state. The mother, who was represented by our legal practice, gained an ex-parte prevention of exit order, from Haifa Family Court, which could only be lifted upon the father putting up a $60,000 guarantee. (The final decision is due soon).

HOW CAN THE POLICE BECOME INVOLVED?

Several options exist when a child is missing, but believed to still be in the country. A parent can report the child as missing to the police, and express concern about possible abduction. In Israel, cases of alleged abduction or kidnapping are treated as missing persons cases initially, but all borders are also checked and warned about a possible abduction. If checks show that the abductor and/or the child has left Israel, Interpol (the International Criminal Police Organisation) will be notified.

The police in Israel will obtain helpful supporting information and assistance in tracing missing children from government departments and non-governmental agencies, such as schools, nurseries, health institutions and social workers.

IN PRACTICE IS PREVENTION ALWAYS SUCCESSFUL?

No. Whatever legal steps are taken there is no 100% guarantee that a child cannot be abducted using another name and a false passport to cross passport control, or smuggled across a border somehow.