Is there any chance of a getting a child abducted to Israel within a gay relationship back to his home country, if he has been removed by the biological parent?

Yes, depending on the particular circumstances of the case,  the "home" country involved, whether it is a "Hague Convention" country or not, whether the "left-behind" parent had parental responsibility and how progressive domestic legislation is there.

 

For example, if the child was habitually resident in a "Hague Convention" country, and the left-behind parent also had established  parental rights there, under domestic law, the chances of success will be much greater. However, even if the left-behind parent did not have established parental rights, at the time of the alleged abduction,  if the domestic law of the "home country" is progressive, it may still be possible to succeed. For example, UK law was supportive of a non-biological gay mother in a high profile case in February 2016, (Re B (a child) ) , the first international single-sex child abduction case. The precedent setting ruling allowed a non-biological Lesbian parent to seek the return of a child, who had been removed by the biological mother (her former partner) to Pakistan ( a non-Hague country),  on the basis that the minor was still habitually resident in the UK when she took initiated proceedings regarding  the child in the UK before she discovered that the child had been  removed from UK jurisdiction a few days previously. The child was made a ward of court and the UK courts retained jurisdiciton over the child i The left-behind parent  had raised the child jointly with the biologial mother in the UK, for several years before they split up, and the UK was the only possible forum for proceedings regarding the child because Pakistani law did not recognize same-sex relationships and the Hague Convention did not apply as Pakistan is not a "Hague Country". 

 

Therefore, for example, a non-biological parent in a former single sex relationship , who seeks the return of a child abducted to Israel, will be able to initiate child abduction proceedings in an Israeli family court,  if the minor is allegedly removed from a Hague Convention country and he/she has recognized parental rights there, or the domestic courts there have /should have jurisdiction over the child, and the case should be  heard as a Hague Case. Clearly great importance would be attached to the legal opinion on UK law from a family law expert regarding the existence of parental responsbility and the exercise of parental rights, prior to the alleged act of abduction.

 

 

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.