Can Hague proceedings be used against a parent who relocates to Israel with a minor child lawfully , following an arbitration agreement abroad that places future disputes in the hands of the arbitrators – but then fails to honour visitation arrangements ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Most probably not – if what is sought in the action is a return order, using a ruling by Tel Aviv Family Court as a guideline. In this case the parents had entered into two arbitration agreements which had been authorized by court in Canada – one dealing with their separation, and the other with parenting. According to the later the mother had custody and could relocate to Canada , subject to set visitation in Israel and Canada. The agreement stated that continuing jurisdiction over custody / visitation lay with the arbitrators.