International Child Abduction & Relocation
When One Parent Agrees
Q: my ex-husband and I, are former Israelis who relocated a few years ago to Geneva Switzerland where both our daughters (5 and 8) were born. We came to a visit in Israel and decided to divorce which we have. I stayed in Israel with the children and my (now) ex-husband returned to Geneva. He is filing Hague proceedings against me, for the return of the children after almost two months of negotiations, I believe, because he wants to force me to give up property. What are his chances of winning his case?
International Child Abduction & Relocation •Abduction & Hague ConventionA: Not very high. But you will have to provide evidence for his lack of action/acquiescence. In a ruling issued on 13.10.24, a father’s similar claim was rejected under the Hague Convention (Family File 23736-08-24). The Family Court in Be’er Sheva ruled that the represented father’s inaction against the minors remaining with their mother in Israel, after his divorce from the mother, even though no written consent was given, constitutes consent and it is not possible to withdraw from it and conduct Hague proceedings. The Court stated regarding the limits of the Hague Convention, that it has already been ruled that if an agreement or a settlement is reached, the dispute between the parties should no longer be resolved as an “immediate remedy” provided under the Convention, but rather should be resolved through an appropriate procedure (i.e. not as a quick and immediate remedy granted under the Convention), and that it is appropriate to resolve the dispute through alternative means.
My family has been living in Belgium where our twin boys (now 7) were born. My wife and I are in the process of getting a divorce. 6 months ago, my soon to be ex-wife has taken our children to Israel, following my consent. I have since changed my mind. Will The Family Court in Israel return the children back to Belgium, if I argue that I no longer want the children to stay in Israel, and file Hague proceedings?
•International Child Abduction & RelocationNo! if you have not acted for months after their arrival and have consented to the children’s move from Belgium to Israel, then your Hague Convention plea will probably be rejected. The Family Court in Beer Sheva, (Family Case # 23736-08-24) rejected a Hague Convention plea of a father in similar circumstances. The Court stressed the rule that the left behind parent cannot take back his/her consent (before the move) or acquiescence (after the move), and that the issue of the children’s residence should be examined in adequate legal proceedings, not an urgent Hague Convention plea.
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