International Child Abduction & Relocation

A: You must oppose her relocation plea and prove your claim (fear of abduction) at the Family Court. The court will examine the issue according to the principle of the best interests of the child and will usually rely on the expert opinion of a social worker and/or a psychologist, for the purpose of making a decision. For instance, the Family Court in Tel Aviv-Yafo, in a judgement dated July 21, 2024, (Family File # 24497-01-24), relying on the social worker’s report, among other documentation, allowed the relocation of a 4-year-old girl with her mother, for two years, despite the father’s opposition and his fear that the girl would not return to Israel.

A: Yes, the father can prevent your relocation to Israel with your son, but up to a certain point. If your ex-husband and the father of your child does not agree to your move, you must apply to the Family Court in your current country of residence, (here- New Zealand) requesting permission to immigrate with your child to Israel. Your ex-husband may oppose your request, but the court has the authority to reject his opposition and allow you to immigrate to Israel if you meet the requirements of the law.

NO! because you both signed a legal agreement allowing you to relocate with the children to Israel. On July 14^th 2024, The Haifa Family court rejected a Hague Convention plea filed by a father in similar circumstances. The Court ruled that although the children (there) were born and raised in Australia, that the issue of their relocation to Israel was known for years, that they were aware of the intended move, and had visited Israel in the past, and have met with their extended family members living in Israel. The children were heard and reported that they have adapted to life in Israel and expressed their wish to stay in Israel. The Court also stated, that the move of the children to Israel was clearly expressed in the divorce agreement signed by the parents (Family Case # 55773-03-24).

Yes, until a certain point. If your ex-husband objects to the children’s relocation to Israel, you will have to obtain a Court decision in the appropriate Court in your country, authorizing you to relocate with the children to Israel. The Court has the authority to allow you to relocate despite your ex-husband’s objection.

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.