I married an American but our marriage broke down. Since I have no status in America, (no visa or citizenship), I returned to my homeland Israel, with our 2 children: a daughter, who is 17, and a son who is 14 years old. We do not wish to go back. My husband filed Hague Convention proceedings against me. What are my chances in Court?
By: דיאנה שאלתיאל•Published on: 13 February, 2025The children’s age can be a major factor here. The Hague Convention is applicable only regarding minors under 16. Therefore, your daughter cannot be returned through such proceedings. The court will probably hear your minor son and see whether his wish to stay is independent. In a July 18th 2024 decision given by the Family Court in Rishon Letzion (Family Case # 1392-03-24), the Court dismissed a father’ s plea to have his 12 year old daughter returned to the US, and ruled that since all the family members of the minor concerned are in Israel (apart from her father) and since her wish is to stay in Israel, therefore her return to the US will not serve her best interest and will put her in Grave Risk.