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International Child Abduction & Relocation
Relocation After Child Abduction
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Q: My 12-year-old son was returned from Germany to Israel, following Hague Convention legal proceedings taken against his mother (my ex-wife) there. What are the chances that she will be granted custody in an Israeli court, as well as permission to immigrate with the child back to Germany?
•International Child Abduction & RelocationA: This may occur, if the Israeli family court hearing the case is convinced that this is in the best interests of the child despite everything, that has passed, namely the act of child abduction.
After winning Hague convention proceedings that I have initiated against my ex-wife, she and our minor children have returned to Israel. My ex-wife filed child custody and relocation proceedings in Israel, and the Court in Israel, has awarded her custody of the children as well as allowed her to relocate abroad with the children. I am afraid that she will abduct the children again and I will lose contact with them, as no decisions were given regarding my visitation rights and financial guarantees. What can I do?
•Child Custody / Visitation / ContactYou should file an application for a stay of execution, and file an appeal against the Family Court’s decisions, at the District Court (higher instance).
I have been ordered by the Hungarian Family Court to return my minor daughter to Israel, after Hague convention proceedings that my ex-husband filed against me. Will it be possible for me to gain sole custody of my daughter, in Israel and be allowed to relocate to Hungary with my daughter?
•International Child Abduction & RelocationYes. If the Family Court in Israel finds that the best interest of your daughter, is for you to be her guardian and relocate to Hungary, despite everything.
Can an Israeli appeal court interfere in a ruling allowing relocation of a minor by setting or increasing financial guarantees to ensure visitation ?
International Child Abduction & Relocation •Relocation After Child AbductionYes. certainly.
Does a mother who has returned to Israel against her will with a very young child after Hague Convention abduction proceedings abroad have a chance of getting permission from an Israeli court to raise the youngster abroad after all ?
International Child Abduction & Relocation •Relocation After Child AbductionYes, the fact that a return order was granted under the 1980 Hague Convention on the Civil Aspects of Child Abduction does not in itself automatically prevent her from getting permission to raise the young child abroad. A family court which examines her pleas for custody and relocation will ultimately examine whether the move would, given all the circumstances, be in the child’s good. Child abduction proceedings under the Hague Convention do not examine the minor’s good – and this is their main drawback.
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