International Child Abduction & Relocation
Legal Ways to Relocate
When is settling abroad with kids legal and when is it not?International Child Abduction & Relocation •Legal Ways to Relocate
Ex Blocks Move Abroad – Relocation Plea – Can I still raise my children abroad legally if my ‘ex’ objects?International Child Abduction & Relocation •Legal Ways to Relocate
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.
? I am a divorced Israeli mother living in England, with custody of the children. I want to move back to Israel with them but my husband object. is it possible?International Child Abduction & Relocation •Abduction & Hague Convention
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.
how can a parent legally move abroad with children?International Child Abduction & Relocation •Legal Ways to Relocate
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 children be moved abroad?•International Child Abduction & Relocation
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.
My girlfriend wants to return to Europe with our young child following the breakdown of our relationship. I don’t want to stand in her way and have a big legal battle, but I want to make sure I won’t lose my rights as a father to see our daughter. What is the recommended course of action?International Child Abduction & Relocation •Legal Ways to Relocate
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.
How should a new immigrant mother who is unhappy in her marriage to her Israeli husband act, if she wishes to divorce and raise their mutual child in her native country ?International Child Abduction & Relocation •Legal Ways to Relocate
Ideally, she should try to reach a comprehensive separation or divorce agreement in which he consents to her having custody and relocating abroad with the minor, and which sets out visitation rights both abroad and in Israel. However, if this is not possible, her option would be to file two pleas in Israel at the family court – one for custody of the minor, and the other for relocation.
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