Can a parent rely on the security situation in Israel as a defence to a plea for the return of minors to Israel under the Hague Convention ?
By: דיאנה שאלתיאל•Published on: 02 June, 2022Clearly this will depend on the way in which the court abroad perceives the security situation in Israel – and reviews evidence presented by the abducting parent. It is likely that this will vary from country to country.
One of the permitted defences under the 1980 Hague Convention on the Civil Aspects of Child Abduction is that returning a minor to the country of his/her habitual residence would put him/her in a grave risk of physical harm.