HOW CAN A PARENT ABROAD RELOCATE A CHILD TO ISRAEL?

The most important point is that relocation should be done lawfully according to the law of the country in which the child is then habitually resident. If the local law is not followed, then moving the child to Israel will be an unlawful abduction.

Most of the principles which apply to relocating a child FROM ISRAEL also apply to relocating a child TO ISRAEL. This is because most Western countries operate on similar principles of law concerning children’s rights.

CAN THE OTHER PARENT OPPOSE RELOCATION TO ISRAEL?

Yes. The remaining parent can make an objection to the relocation of his child to Israel.

If a parent applies to the local courts for permission to relocate, then the remaining parent can defend that application, based on the welfare of the child. However the principles used by Western courts to decide on relocation are similar to those used in Israel, and if the relocating parent’s proposals are legitimate and reasonable, there is a reasonable chance that permission to relocate will be given.

If the ‘relocating’ parent does not apply for prior permission from a local court, or does but is refused permission, and does actually remove the child, then the ‘relocating’ parent will have in fact abducted the child to Israel.

WHAT SHOULD BE DONE AGAINST DE-FACTO RELOCATION?

In this case, WHERE THE CHILD HAS BEEN MOVED TO ISRAEL WITHOUT THE OTHER PARENT'S CONSENT OR COURT PERMISSION, HE/SHE HAS BEEN ABDUCTED, and the rules for an abduction will apply.

If the country from where the child is removed is a party to the Hague Convention, then the remaining parent will be able to make an application for the immediate return of the child to his Central Authority or the Israel (or any other) Central Authority. The procedures under the Hague Convention will then apply, and the presumption is that the child will be returned swiftly, unless the abducting parent can satisfy the court of one of the defences in the Convention.

If the country from where the child has been removed is not a party to the Hague Convention, then what happens next to the child in the Israeli courts depends on whether the remaining parent makes an application to the Israeli Family Court, and if he does, the Israeli court will decide the case according to the legal principle of the best interests of the child. This may include the question of whether it is better for the child to be returned to where he came from, so that the courts of that country can make the decision on his future welfare. On the other hand, the Israeli courts could decide that since the child is now in Israel, it would be better for the Israeli court to make the decision on the facts of the case.

The Israeli court can be helped by a welfare report from the International Social Services organization, so that information about the child from the country where he had been living is presented to the court to be taken into account in its decision-making process.
 

WHAT IF A CHILD IS UNRETURNED AFTER ACCESS IN ISRAEL?

The following principles apply if the child has come to Israel from abroad for arranged access to his parent living in Israel, but decides to stay in Israel and does not return to the home of his parent who lives abroad.

THE PARENT IN ISRAEL –
The parent in Israel should apply for custody in Israel and for relocation abroad, in the court of the child’s habitual residence.

THE CUSTODIAL PARENT ABROAD –
Convention country - if the country where the child was living is a party to the Hague Convention, the custodial parent abroad should apply under the Hague Convention on the grounds of a wrongful retention, which is one of the two forms of abduction.

The Hague Convention procedures would then be followed, through the Central Authorities, and the Israeli Family Court would be asked to decide on the other parent’s application for a return of the child from Israel.

Non- Convention Country -

If the child was living in a country not a party to the Hague Convention, then the custodial parent could make an application in his own country for the return of the child. It is likely that he/she would get such an order, but the problem is that it is unenforceable outside of the jurisdiction of that country. It is certainly not automatically enforceable in Israel, although the Israeli court will give such an order due respect, but will not consider itself to be bound by it. However, such an order would be very useful if the parent decides to take legal proceedings in Israel.

The custodial parent would be better advised to start legal proceedings in Israel for the return of the child, and arrange independent legal representation from an experienced specialist in this field who has a common language of communication with him. The retaining parent would have to defend the application. The Israeli court will decide the issue according to the principle of the best interests of the child.

In the case of older children, the child’s own wishes will be taken into account by most courts. This is really part of the consideration of the child’s best interests and welfare, because the courts recognize that the older the child, the more important are his own wishes and feelings in any decision about his life, where he should live, who he should see etc.