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International Child Abduction & Relocation

International Child Abduction & Relocation

Fighting Relocation

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I do not have custody of my children, but do have visitation rights. Am I still entitled to use the Hague Convention to get my children back if my ‘ex’ has taken them abroad without my permission, and aims to settle there?

International Child Abduction & Relocation Legal Ways to Relocate

Yes, in principle, providing both the countries involved are bound by the Convention and you were exercising some kind of parental authority (in Hague language misleadingly called ‘rights of custody’) according to the laws of your home country when the children were removed.

how can a parent move with children if the other parent objects?

International Child Abduction & Relocation Fighting Relocation

By filing an application for relocation and winning the case so that a court judgment is given permitting the custodial parent to relocate abroad with the children.

how can a non custodial parent object to relocation?

International Child Abduction & Relocation Fighting Relocation

Fight the plea by filing defence pleadings, arguing that the relocation is unjustified and contrary to the children’s welfare.

Does a father still have to pay his minor children maintenance if their mother, whom he divorced, relocates abroad with them, and he was against this ?

International Child Abduction & Relocation Fighting Relocation
Yes ! A father is obliged to pay child maintenance for his minor children under Israeli law, whether they live in Israel or abroad. His obligation to support them financially is not dependent on their territorial or geographic location. Furthermore, it does not matter if he was against the relocation either, and his ‘ex’ had to file and win court permission for it.

Can a parent who has just lost a battle for custody and relocation filed by the other parent, and is considering appealing against it, prevent the minor from leaving Israel meanwhile ?

International Child Abduction & Relocation Fighting Relocation
Yes, the non-custodial parent can apply to the court granting the judgment for a delay in execution. That court will have discretion on the matter. The non-custodial parent will have 45 days to appeal against the first-instance judgment by the family court . However, if no delay in execution of that initial judgment is granted by the family court , once an order preventing the minor’s departure from Israel is cancelled , the custodial parent can leave the country with the child. The appeal court will only have jurisdiction over delaying implementation if the family court rejected the application for delay in judgment, either fully or partially, or if an appeal is actually filed.

If my ex-wife , who has custody of our child, remarries, and brings legal action against me in any Israeli court, to relocate our daughter abroad, do I have any chance of preventing that ?

International Child Abduction & Relocation Fighting Relocation
Only if the professional that the court is likely to appoint recommends that relocation would not be in the child’s good i.e. it would be likely to result in severe emotional damage, or if the report is favourable to the mother, it can be proved that the evidence against the findings of the report is so weighty, that its recommendations should not be adopted.

In today’s modern times, where mothers as well as fathers work, do the latter have a chance of overturning the inbuilt advantage towards a mother getting custody of a young child and permission to relocate with him ?

International Child Abduction & Relocation Fighting Relocation
Only a very slim one. Only if the father,, too, has good parental capability, following testing from a psychologist appointed by the court, or if the mother’s own parental capability is in doubt. In general, all matters being equal, a mother will have an advantage in custody and relocation cases where the child is under 6.

What are the key questions to be asked by a court dealing with a plea, heavily contested by the father, for relocation of a minor due to the mother’s new relationship with a partner /spouse with connections abroad ?

International Child Abduction & Relocation Fighting Relocation
A court dealing with a contested relocation plea in the above circumstances will consider these questions/ alternatives, in the light of the report presented by a suitable professional :
Should custody be transferred to the father in Israel ?
Should custody remain with the mother, but in Israel ?
Has the new partner/spouse made an attempt to live in Israel ?
Are the reasons for relocation legitimate and how do they fit in with the child’s good ?

My ex-wife has been granted permission to take our two children to the States so that she can do her doctorate there – after a professional appointed by the court recommended this . I am considering appeal. Is there any chance that I might get the ruling overturned , or get a better visitation deal ?

International Child Abduction & Relocation Fighting Relocation
Without knowing the details of the case it is impossible to predict chances of appeal in a relocation case, as much depends on the findings and recommendations of the report made by the professional appointed by the court. Usually in relocation cases the court is guided by the recommendations of the professional who will endeavour to analyse what is in the minor/s’ best interests where the interests of the parents clash – e.g. where there are the conflicting interests of professional advancement versus parenthood.
However, if both parents are found to have parental capability, then it is possible that the parent fighting relocation can improve his/her deal by appealing.

Are Zionist and Jewish-Nationalistic arguments of any use to a non-custodial parent opposing a plea for the relocation of minor children ?

International Child Abduction & Relocation Fighting Relocation
Not really nowadays. In the early Post-Holocaust days of the foundation of the State, judges regarded Israel as the best place for Jewish children to be raised . It was felt that cutting off a Jewish child from Israel and allowing him to be brought up abroad could have negative results – assimilation and a straying from the Jewish and Zionist paths. Today this is not so, and when the family court deals with a plea for relocation of a Jewish child abroad it will recognize the fact that it is possible for Jews to have a educational, social and religious life abroad, and keep up their knowledge of Hebrew , Israel and Judaism.. The proximity of the child to Jewish schools and Jewish communities and the willingness of the custodial parent to permit the minor to have contact with them may be a factor it will take into consideration.
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