I live in the United States , and am separated from my wife, an ex-Israeli, who has temporary custody of our child. She wants me to agree to let her raise our young son , who was born in the States, in Israel for a few years so that she can be near her parents and family, with whom she is very close. She says she will sign an agreement whereby she will come back to the States with our son before he starts school, and he will live with me. Would signing such an agreement be risky for me ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Yes ! If a father signs an agreement in the states which allows a minor’s mother to live with the child in Israel for a period of a few years he could find he does not actualise his rights to custody or visitation according to an agreement they may make in the United States, even if it receives court authorisation there. This is because once a minor lives in Israel for a reasonable amount of time he will become settled and his habitual place of residence will probably become Israel, and not the United States . This would mean that if the mother failed to honour her commitment regarding his return to the United States, and the father brought Hague Convention proceedings in Israel to enforce his rights under the agreement he may well fail.