I divorced a few years ago and have lived in the Ukraine with my 12-year-old daughter, because my ex-wife often traveled for her work, abroad. A few months ago, I agreed for my ex-wife to take our daughter to a different city in the Ukraine, to visit family, for a few days, but my ex-wife betrayed my trust and flew with our daughter to Israel instead. I started Hague Convention proceedings against her at the Family Court in Israel for the return of our child to the Ukraine. My ex-wife claims, that our daughter should not be returned, because of the war between Russia and the Ukraine. Will the Israeli Court accept her claim?
By: דיאנה שאלתיאל•Published on: 05 March, 2025A state of war in the minor’s country of habitual residence may constitute a defense argument, in Hague proceedings, for not returning the minor. The Court will consequently examine the current security situation in the Ukraine and decide whether the exceptions/defenses in the Hague Convention apply. For example, the Family Court rejected the plea of a father to return his minor son to the Ukraine, after examining the Israeli Ministry of Foreign Affairs website stating a Continuous travel warning in relation to the Ukraine/ The Family Court ruled that the war situation in the Ukraine where the minor is force to hide in bomb shelters, attend school on-line and where the child cannot get medical treatment or do sports, all constitute “grave risk” for the minor, if he is returned to the Ukraine (Case # 19298-08-23).