Proving "Rights of Custody" - I understand that one of the pre-conditions for getting my abducted child back under the Hague Conventions is that I have "rights of custody" in my 'home country'. I am divorced from the child's mother . According to a U.K. court judgment, our daughter lives with her mother and I see her at weekends. Her mother, who is an Israeli citizen , abducted our child to Israel. Our child was born a few years after we married and has lived in the U.K. all her life. Would I have "rights of custody" and how could I prove this?

Yes, you would certainly have "rights of custody" under U.K. law if you are the biological father and were legally married to the mother at the time of the birth. Even if you are not a non-custodial parent , but were enjoying visitation rights up until the abduction i.e. seeing your child, then you would be exercising "rights of custody", as is required under the convention. A supporting letter from the Central Authority in the U.K., citing the relevant law would be helpful in this matter, as well as documentary evidence, to prove this. However, the most watertight method of proving that you have and were exercising "rights of custody" under U.K. law at the time of the alleged abduction would be to submit an expert legal opinion on foreign law. The expert could also answer written questions submitted by the other side, or be cross examined in court, if necessary. As part of his case for a successful Hague return order to the U.K. before Ashdod Family Court in April 2008, a British father submitted a legal opinion on U.K. child law by an expert, on the issue of "rights of custody" under U.K. law. The expert also answered supplementary questions and gave oral testimony. The father, who was represented by Adv. A.Borochov, was granted a return order on 24/7/08 according to which his wife, the child's mother, was to return the 4 year old to the U.K. by 28/8/08 (Family File 2941/08).