I have moved from The Netherlands to Israel with my minor children (10 and 12 years old) and my ex-husband started Hague Convention proceedings against me, at the Family Court in Israel although we signed an agreement, allowing me to relocate with them abroad. The psychologist whom the Family Court appointed, submitted an expert’s opinion, and declared that there will be no risk to the children if they are returned to The Netherlands. Must the Family Court rule according to the expert’s opinion to return the children?
By: דיאנה שאלתיאל•Published on: 17 February, 2025No! The Court sometimes appoints experts to give their opinion in Hague Convention cases, but is not obliged to follow their recommendations. For instance, The Family Court in Haifa ruled against the Court’s appointed expert’s opinion. Although the expert recommended that the children’s wishes to stay in Israel should not be considered, The Court who heard the children declared that they were old enough to express a constant and clear opinion, and ruled they should stay in Israel, and not be returned to their country of origin (Family Case # 55773-03-24).