After my wife and I got married we moved abroad, as I worked for an Israeli construction company in various projects in the developing world. Our young daughter was born in Israel. We have always visited Israel every year. Our daughter, like us, has Israeli citizenship . Recently, my wife suddenly disappeared with her . She phoned me from Israel saying she refuses to live abroad any longer. I phoned the nearest Israeli embassy and was told the country I am working in has not signed the Hague Convention on child abduction. What can I do ?
By: דיאנה שאלתיאל•Published on: 02 June, 2022If an Israeli parent who is posted overseas in a ‘non Hague Convention country’ finds that his/her child has been abducted to Israel, and he/she wants to continue working and living abroad, but also wants his/her child near, if not in his/her custody, the most immediate option is to petition the Supreme Court of Justice in Jerusalem for the minor’s return. The parent should request a special ‘Habeas Corpus’ Order for the minor’s return which the court has jurisdiction to grant under the Basic Law: Judiciary.
Another option for an Israeli parent in this situation is to apply to a family court in Israel for an order to return the minor. The Family Courts’ Act of 1995 empowers the family court to deal with abductions from ‘ Hague Convention countries’ and those which have not signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This is so only where no petition or application has been made for the child’s return at the Supreme Court of Justice.
The disadvantages or dangers of this should be noted. Firstly, the process is slower. Secondly, if no previous legal proceedings have taken place but in response to the abduction plea filed at the family court the abducting parent files for custody there, the whole issue will have an Israeli ‘flavour’ . The court will decide on both issues, the emphasis will not be on the abduction itself, and the ‘child’s good’ will be paramount.