Abduction & Hague Convention

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International Child Abduction & Relocation

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Are any of the countries of the Arab world bound by the Hague Convention on child abduction?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes, Morocco and Tunisia. Israel accepted Morocco’s accession to the Hague Convention in 2010. The Hague Convention came into force regarding abductions between Israel and Morocco from 1.6.2010. Tunisia acceded to the convention on 10.7.2017 but Israel has not accepted its accession and the convention is not in force for abductions between the two countries.

Are any of Israel’s neighbouring countries bound by the Hague Convention?

International Child Abduction & Relocation •Abduction & Hague Convention

No. None of the Israel’s neighbouring Arab states are signatories to the Hague Convention on the Civil Aspects of International Child Abduction. The concept of parental authority and rights under Islamic law is very different from the guiding principles behind the Convention.The only Arab state bound by the Hague Convention is Morocco, though it is not a close neighbour. It became a Hague Country in 2010. The Hague Convention is in force regarding child abduction between Israel and Morocco, as of 1.6.2010

Are abductions between the United States and Israel bound by the Hague Convention?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes.

Can Hague Convention proceedings be used to recover a child believed to have been abducted from Israel to India?

International Child Abduction & Relocation •Abduction & Hague Convention

No. India is not bound by the convention.

Does the Convention cover situations where children living in Israel are wrongfully removed to, or retained in South Africa or Zimbabwe?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes, because these countries are bound by the Hague Convention, which also covers abductions between these countries and Israel in the other direction.

Are abductions between Israel and South American countries bound by the Hague Convention?

International Child Abduction & Relocation •Abduction & Hague Convention

most.

Will the Hague Convention cover abductions between Israel and Canada?

International Child Abduction & Relocation •Abduction & Hague Convention

yes

Are most of the Western European countries bound by the Hague Convention on Child abduction?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes.

Are abductions to and from Israel covered by the Hague Convention?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes, providing the other country involved is also bound by it.

does it matter how old the child is?

International Child Abduction & Relocation •Abduction & Hague Convention

Yes. As the Hague Convention on International Child Abduction only applies to children up to the age of 16, abduction involving minors aged 16-18 cannot be dealt with by these proceedings, even if both countries are bound by it. Where such alleged abductions are to Israel, and involve 16-18 year olds, it is necessary to apply in Israel for an order of Habeas Corpus to the Family Court or the High Court of Justice, irrespective of where they were living before. The Israeli Family Court has primary jurisdiction to deal with a custody application of a child below the age of 18.

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