International Child Abduction & Relocation

Yes  . Under the Hague Convention Law (Return of Abducted Children) 1991, Israel incorporated the Convention into domestic law and is bound by its provisions.

No. The case is decided upon principles set down in the Convention, and in general, the child’s best interests/welfare is not examined at all by the Israeli Family Court hearing the case, except where certain defences such as ‘grave risk’ are proved, or the child has been in the country for more than a year by the time the plea reaches court. This is because the rationale behind the Convention is that it is not in the child’s interests to be abducted, and it is in his best interests to have any custody battle decided in his/her home country.

Yes – but only in relation to alleged wrongful removal or wrongful retention of minors between the two countries from 1.4.2014 and thereafter. Japan has only recently become a Hague Country, and the Convention is in effect between Israel and Japan only in relation to alleged child abduction or after this date. Alleged child abduction between Israel and Japan prior to this is not covered by the convention.

File for the enforcement of your visitation rights in Canada. Where, as in your case, there is no child abduction, the Hague Convention is not very helpful in guaranteeing exercise of access rights, even though both Israel and Canada are bound by it.

Yes you may relocate, but only if you get permission from a UK court, after filing for relocation. If you just move with them without a relocation order, you will be abducting them, and could face Hague Convention proceedings for their return.

In principle, the decision should be joint, because parents have shared and equal responsibility under Israeli law for deciding where a child should live. If they cannot agree, the parent wishing to move abroad must win a relocation plea filed against the other parent, but first will need to obtain custody, if he/she is not already the custodial parent.

Yes, child abduction covers children up to the age of 18, but where they are between 16 and 18, the Hague Convention on Civil Aspects of International Child Abduction 1980 cannot be invoked even if both states involved are member countries. This is because the Convention only covers children under 16.

Yes, but only if the agreement is in writing, professionally drafted and authorized by the family court where the Hague Convention plea has been filed in Israel. Otherwise, the parent will run the risk of the abducting parent breaching the agreement and finding that all the legal action has been in vain.