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International Child Abduction & Relocation

International Child Abduction & Relocation

Abduction to Israel

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What are the advantages of a successfully negotiated voluntary return?

International Child Abduction & Relocation Abduction & Hague Convention

It saves time, money and heartache, avoids dragging out the legal process via appeals, and provides the opportunity for parties to create a basis for co-operation in the future.

I live in the United States , and am separated from my wife, an ex-Israeli, who has temporary custody of our child. She wants me to agree to let her raise our young son , who was born in the States, in Israel for a few years so that she can be near her parents and family, with whom she is very close. She says she will sign an agreement whereby she will come back to the States with our son before he starts school, and he will live with me. Would signing such an agreement be risky for me ?

International Child Abduction & Relocation Abduction to Israel

Yes ! If a father signs an agreement in the states which allows a minor’s mother to live with the child in Israel for a period of a few years he could find he does not actualise his rights to custody or visitation according to an agreement they may make in the United States, even if it receives court authorisation there. This is because once a minor lives in Israel for a reasonable amount of time he will become settled and his habitual place of residence will probably become Israel, and not the United States . This would mean that if the mother failed to honour her commitment regarding his return to the United States, and the father brought Hague Convention proceedings in Israel to enforce his rights under the agreement he may well fail.

Can Hague proceedings be used against a parent who relocates to Israel with a minor child lawfully , following an arbitration agreement abroad that places future disputes in the hands of the arbitrators – but then fails to honour visitation arrangements ?

International Child Abduction & Relocation Abduction to Israel

Most probably not – if what is sought in the action is a return order, using a ruling by Tel Aviv Family Court as a guideline. In this case the parents had entered into two arbitration agreements which had been authorized by court in Canada – one dealing with their separation, and the other with parenting. According to the later the mother had custody and could relocate to Canada , subject to set visitation in Israel and Canada. The agreement stated that continuing jurisdiction over custody / visitation lay with the arbitrators.

What happens if an Israeli court finds that minors have been abducted to Israel and orders their return –but the abducting parent refuses to travel with them ?

International Child Abduction & Relocation Abduction to Israel

The court has jurisdiction to order alternative arrangements regarding who should accompany the minors on their return.

Can a relative of a parent abroad bringing a Hague Convention action in Israel for the return of a child abroad give evidence in proceedings here ?

International Child Abduction & Relocation Abduction to Israel

Yes. The Haifa Family Court heard testimony from the father of the plaintiff , who was in the United States , after it had earlier turned down the latter’s application to give evidence by video-conference. The Court had earlier held that the hearing would take place in the presence of both parties but the plaintiff had said that if he came to Israel he would have to re-apply for a visa in the United States, which was time-consuming and would result in him losing his job. The court stressed that he got the impression that the grandfather’s source of information was the plaintiff, so that his knowledge was second-hand, and his testimony, therefore, had little value.

Will an Israeli court dealing with a plea for a return order of a minor under the Hague Convention take into account any past bad faith on the part of the parent bringing the action ?

International Child Abduction & Relocation Abduction to Israel

No, according to comments made by the Tel Aviv Family Court a few years ago when dealing for an application by a father in America for the return of his son following the refusal of the mother to send him back there at the end of his two-year stay in Israel, according to an agreement authorised by Los Angeles Superior Court.

Can someone who gives a ‘haven’ to a minor child who has returned to Israel with one parent ,against the other parent’s consent, get into trouble with the police ?

International Child Abduction & Relocation Abduction to Israel

Yes, a person who receives or hides away a minor under the age of 14, and knows that he was removed or detained by deception, force or temptation , is liable for up to 7 years’ imprisonment, according to the Israeli 1977 Penal Law.

Can a court in Israel dealing with a plea for the return of abducted children, condition ordering them back on the parent remaining overseas guaranteeing initial support of the mother and the minors on their return ?

International Child Abduction & Relocation Abduction to Israel

Yes. Years ago the Jerusalem Family Court dealt with a clear case of abduction of two minors from the United States , where their separated Israeli parents had lived for many years, to Israel, and conditioned the granting of a Hague Convention return order upon the father in Los Angeles depositing a total of $8,000 with the mother in Israel, or someone abroad, for rental of accommodation and child maintenance for two months, car rental for a month and the purchase of basic furniture. The court held that immediately the mother notified it that the father had deposited the above sums, then the orders preventing the children leaving Israel would be cancelled, and the return order it granted to the United States would be activated.

In this case the mother agreed to return voluntarily – but had demanded support for the initial period following her return.

How strict are Israeli Courts in interpreting the Hague Convention defence in child abduction proceedings that the child ‘objects’ to being returned to his or her country of habitual residence ?

International Child Abduction & Relocation Abduction to Israel

Much stricter, in the light of recent Supreme Court rulings on the issue.

Will an Israeli court hearing a Hague Convention plea to return children who have been abducted to Israel take the views of their views into account ?

International Child Abduction & Relocation Abduction to Israel

Yes, if they are of sufficient age and maturity for their views to be taken into consideration, and they object. This is because according to Section 13(b) of the 1980 Hague Convention on the Civil Aspects of Child Abduction, the court dealing with the plea has the discretion not to issue return orders for children in these circumstances.

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