I have lived with my ex-husband abroad where we have had 3 children. We are now divorced. Our divorce agreement stipulates that I can relocate with the children to Israel. I have moved with only two of our 3 minor children because the third child (a son) wishes to stay with his father. My ex-husband has filed Hague Convention Court proceedings against me, claiming that I abducted our 2 minor children, separating them from their brother. Would such a claim be accepted in court?
By: דיאנה שאלתיאל•Published on: 17 February, 2025No! if your ex-husband agreed to your relocation with the children to Israel, then the fact they are separated is not relevant. The Family Court in Haifa ruled in a similar case, that since the mother acted according to the divorce agreement, allowing her to relocate to Israel with the minors, therefore the father who holds the third son “captive” with him is the one at fault. The Court dismissed the father’s Hague Convention plea, and urged the father to comply with the divorce agreement and bring the minor to Israel.