International Child Abduction & Relocation
Abduction from Israel
How can a parent whose child has been abducted from Israel to Peru act to secure his return ?
International Child Abduction & Relocation •Abduction from IsraelHague Convention proceedings can be taken to secure his return via the Central Authority in Israel because on that date the 1980 Hague Convention on the Civil Aspects of Child Abduction became effective regarding abductions between Israel and Peru.
I immigrated to Israel after divorcing my husband in Uzbekistan. I was awarded custody of our child. I am in contact with my ex-husband in Uzbekistan for the child’s sake. He asked me if our son could visit his elderly parents as they are sick and would love to see him before they die. I agreed but my son has not come back. What legal action can I take ?
International Child Abduction & Relocation •Abduction from IsraelThe accession of Uzbekistan to the 1980 Hague Convention on the Civil Aspects of Child Abduction was accepted by Israel in July 1999 and it came into force between the two countries on 1.10.99. Accordingly,where a mother claims that a child under 16 has been abducted from Israel to Uzbekistan she can make an application to the central authority in Israel, the Ministry of Justice, which will then process it and forward it to the Ministry of Justice of the Republic of Uzbekistan in Tashkent so that the appropriate court will hear the case.
My wife is originally Ukrainian. She went to the Ukraine with our child to visit family but refuses to return. Does the Hague Convention apply to child abduction from Israel to the Ukraine ?
International Child Abduction & Relocation •Abduction from IsraelYes. The Ukraine is bound by the Hague Convention of the Civil Aspects of Child Abduction. The convention has applied to abductions between Israel and Ukraine since 1/9/06. Prior to this, there was only one option – to file a plea equivalent to Habeas Corpus to the appropriate court in the Ukraine for the return of the child.
After divorcing my husband I made ‘aliyah’ to Israel from Zimbabwe with my children, after gaining the necessary court permission. My ex-husband and I agreed that when the children were older they could visit him out there. Recently my son celebrated his Bar Mitzvah and as a present his father sent him return tickets to Zimbabwe where he planned to take him on safari. My son went – but has not returned. What can I do ?
International Child Abduction & Relocation •Abduction from IsraelThe 1980 Hague Convention of the Civil Aspects of Child Abduction has been in force between Israel and Zimbabwe since October 1997 . A mother living in Israel who claims her custody rights have been infringed by the wrongful retention of a minor child by his father in Zimbabwe can bring an application for his return under the convention. The application, if successfully processed, will be heard by an appropriate court in Zimbabwe. The general rule behind the convention is for a minor under 16 who has been wrongfully removed or retained to be returned to the country in which he normally lives
My wife is originally from Dublin but we have spent all our married life in Israel. We are having serious marital problems. She went over for a fortnight’s holiday but now three months have passed and she and the children are still in Ireland. I can get no reply from her parents’ home and her sister slammed the phone when I rang . She told me that my wife and the children were not coming back to Israel. What can I do to get my children back ?
International Child Abduction & Relocation •Abduction from IsraelBoth Ireland and Israel are bound by the 1980 Hague Convention of the Civil Aspects of Child Abduction, so an application can be made under it for the children’s return. Their continued presence in Ireland against their father’s will is regarded as wrongful retention, and an act of abduction under the convention, giving grounds for an application for their return to Israel, the country of their habitual residence.
Could an American court refuse to send a minor to live in Israel for part of his/her childhood, even though this was planned by both parents in an authorised custody agreement ?
International Child Abduction & Relocation •Abduction from IsraelYes, this scenario could materialise.
My wife and I agreed to leave for a year and to try our luck in England, the country of her birth, after I lost my job due to the recession. I was not lucky finding work, although my wife landed a good job. Our marriage went through a very strained period and I returned to Israel . I have asked her to come back with our two children – but she refused, saying that we had agreed on a year. Can my wife be made to return our children to Israel early if I agreed that the family should have a trial year abroad ?
International Child Abduction & Relocation •Abduction from IsraelUnder the 1980 Hague Convention on the Civil Aspects of Child Abduction a child that has been wrongfully retained in another convention country should be returned to the country of his/her habitual residence. The key question is whether it is legally possible for ‘wrongful retention’ to exist when both parents agree on a trial period abroad for a year – and one of them demands the minors’ return early, and the other refuses.
What happens when parents logged in an international child custody battle try to flee one jurisdiction and bring proceedings in a more favourable one ?
International Child Abduction & Relocation •Abduction from IsraelParents who flee jurisdictions with their children and ‘forum shop’ in the hope of getting a better custody deal are likely to find the tactic backfires and that they lose a remedy.
Is it possible to get a court to order an abducting parent to pay costs incurred in returning a child to Israel under the Hague Convention ?
International Child Abduction & Relocation •Abduction from IsraelYes – in the case of proven abduction from Israel, it may be possible to get payment both in the foreign court which granted the return order under the Hague Convention, and in Israel.
Does an Israeli rabbinical court have jurisdiction to give a legal opinion to a foreign court that is deciding whether to return an ‘abducted ’ child to Israel ?
International Child Abduction & Relocation •Abduction from IsraelYes, in certain circumstances.The foreign court hearing the Hague Convention Proceedings will be the one to decide whether to grant a ‘return order’ to Israel, but a civil or religious court in Israel can provide a legal opinion regarding habitual residence for those proceedings, at its request.
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