I have been filed with Hague Convention proceedings in Israel for the return of my minor children to Australia after “staying on” in Israel at the end of a scheduled visit. Can I avoid being labelled as an “abductor” by agreeing to return?
By: דיאנה שאלתיאל•Published on: 05 June, 2025Yes, if you specifically request this during the Hague Convention legal proceedings, as part of a voluntary return, and this is acceptable to the other parent, and the court.
If it is, then a ruling can be given closing the Hague case without a finding as to the abduction. This can be done in different ways. It could be based on your agreement to a voluntary return to the status without any conditions, or according to a negotiated return package.
Alternatively, if no return package can be agreed upon, the court could close the case by ordering a return, based on your consent and undertaking to return the children, with the court itself deciding on the conditions, again without a full-blown trial, and without a finding on whether there was wrongful retention of the children by you, in Israel (a passive form of child abduction) or not.