Can a parent who wants to do a ‘U’ turn shortly after making ‘Aliyah’ (immigrating to Israel) use the Hague Convention to get the minors back abroad, close to the family’s arrival in the country ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Not if it is proved that the children were lawfully removed from the country in which they were living i.e. that there was the mutual consent of both parents . Where the removal was lawful – i.e. it is proved that both parents consented – then there is no wrongful removal, and no abduction, so that the 1980 Hague Convention on the Civil Aspects of Child Abduction does not apply. The parent wishing to return must apply for custody and relocation of the minors in Israel.