I have come to Israel from France with my 7-year-old son. My husband has filed Hague Convention proceedings against me. Can I argue that my husband did not exercise his custody rights, because in the past he spent months at a rehabilitation center for his drug abuse problems, and use this argument as part of my defense against returning our son from Israel to France?
By: דיאנה שאלתיאל•Published on: 11 March, 2025No! If your husband has had parental contact with your son, since his stay in rehab, then it has no importance or relevance to the Hague Convention proceedings. For example, on March 19th, 2023, the Family Court in Tel Aviv (case # 19161-02-23) rejected the abducting father’s claim that the left behind mother did not exercise her custody rights, because she was in rehab. The Court found that since the minor daughters (there) went back to live with the mother and that the father negotiated their voluntary return with the mother, that consequently these facts refute the father’s claims.