International Child Abduction & Relocation

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.

Yes you may relocate, but only if you get permission from a UK court, after filing for relocation. If you just move with them without a relocation order, you will be abducting them, and could face Hague Convention proceedings for their return.

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.

Mutual children can be moved abroad in one of  two ways : lawfully, by ‘relocation’ or unlawfully, by ‘abduction’. Relocation and abduction are two sides of the same coin.

A parent  who  relocates abroad with a minor after obtaining  a final court ruling granting permission to do so ,despite objections from the other parent, will be acting legally, after the court in the ‘home country’  has considered the child’s best interests.  In contrast, a parent who acts unilaterally and removes or retains a child abroad could, depending on the circumstances, be “abducting”, and risks facing  civil proceedings for the minor’s return, and even criminal proceedings.

You and your wife should get an agreement drafted that covers the issue of the child’s relocation and sets out your visitation rights, both abroad, and in Israel. It could even include some financial guarantee on her part to safeguard your visitation rights. The agreement should also state that it will be authorized by court and thus made enforceable, in both countries.