Child’s Welfare: Does the child’s welfare play a role in whether a Family Court in Israel should return a child abroad under the Hague Convention?
By: דיאנה שאלתיאל•Published on: 28 June, 2022No. The case is decided upon principles set down in the Convention, and in general, the child’s best interests/welfare is not examined at all by the Israeli Family Court hearing the case, except where certain defences such as ‘grave risk’ are proved, or the child has been in the country for more than a year by the time the plea reaches court. This is because the rationale behind the Convention is that it is not in the child’s interests to be abducted, and it is in his best interests to have any custody battle decided in his/her home country.