I emigrated to Israel several years ago and have dual French and Israeli nationality. I married an Israeli and our two children were born in Israel. I am currently visiting family in France with them but I do not want to return because of the worsening security situation. My husband has threatened to bring Hague Convention proceedings to get the children back in Israel. Can I rely on the security situation as a defence ?By: דיאנה שאלתיאל•Published on: 02 June, 2022
It must be remembered that because of the dynamic nature of Israel’s security situation , any assessment of the Hague Convention’s ‘grave risk’ defence related to it would be examined by the appropriate French court at the time an application was made for the return of the unlawfully retained minors.