International Child Abduction & 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.

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.

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.

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.

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 ?

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.

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.