International Child Abduction & Relocation
Fighting Relocation
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My ‘ex’ wife wants to emigrate abroad with our children. She wants to go to New Zealand , where her sister lives, and where she says she can give the children a better quality of life. She is a qualified nurse, and says she can earn much more there. I think she just wants to neutralize me and distance me from the children. She says if I do not agree, she will file for permission from the court. What can I do ?
International Child Abduction & Relocation •Fighting RelocationIf an ‘ex’ spouse , who has custody of the mutual children files a plea for their relocation, the non-custodial parent can take legal steps to oppose this, by filing defence pleadings which are aimed to show that the reasons and motives behind the action are not legitimate, or justified. The non-custodial parent can try and persuade the court that the real motives are revenge and distancing of the children, and that the so called reason – financial – is not true, or justified. He can try and show that the custodial parent can find reasonable employment in Israel, and that any financial gain is not justified, because the emotional price of relocation that the children would have to bear – being cut off from their father – is too high, and not in their interests.
Can a father who wishes to fight an emigration plea filed at the family court on the children’s behalf by the mother, claim that it has no jurisdiction to hear the case because his ex-wife agreed to the rabbinical court having jurisdiction over custody during their divorce hearings ?
International Child Abduction & Relocation •Fighting RelocationNo ! Once the parties are divorced, the father can no longer rely on the mother’s consent to rabbinical court jurisdiction for issues related to the children that was given in the context of divorce plea hearings . Once there is a divorce plea the custody issue is automatically bound to the plea but once the couple are divorced the rabbinical court can only gain custody where there is mutual consent of the parties. That means the consent of the mother, and of the minors.
My wife has applied for permission to raise our child abroad. The clinical psychologist has made a report recommending emigration and I think the judge will accept her findings. What can I do ?
International Child Abduction & Relocation •Fighting RelocationFirstly, it is possible to ask for permission to cross examine the professional who submitted the report and attempt to show that the findings were based on mistaken conclusions or poor exercise of discretion in an attempt to persuade the court not to accept the recommendations. Secondly, if this fails, and the court does accept the recommendations of the report, it is possible to appeal against the successful emigration plea and immediately ask for a delay in the implementation of the judgment – i.e. a delay in cancelling any temporary orders preventing the child’s exit from Israel – pending the results of the appeal.
I am in the process of divorcing in Israel . My wife wants custody and wants to relocate to the United States, where she was raised, taking our son with her. To me this is unimaginable as I am sure that instead of being a father I would turn into a distant uncle. What legal action should I take ?
International Child Abduction & Relocation •Fighting RelocationIf a husband is negotiating for divorce and child custody with his wife and cannot come to a suitable agreement, then if she applies to court for custody and permission to relocate, he should object strongly in his written defence pleadings, and even consider counter-filing for custody. His argument should be based on the fact that as a parent he has a constitutional right to have an on-going relationship with his child, and vice versa. When all the parties rights are to be weighed up the child’s interest/rights should take priority and not be endangered by the mother’s plans. No doubt the court will appoint a suitably qualified professional to make a report and recommendations on custody and emigration.
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