Can a father whose children are being retained abroad against his will, initiate proceedings himself in Israel for a declaratory judgment stating that it is the country of habitual residence of his children ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Yes, although it is unusual and usually application for such a declaratory judgment is made from a foreign judicial authority or central authority, in accordance with the wording of the 1981 Hague Convention on the Civil Aspects of Child Abduction.