I moved from Israel to Hungary years ago; to marry a Hungarian woman and we have a daughter, who is 12 years old. Throughout the marriage, my wife was very violent towards me. I travelled with our daughter to Israel without her consent, in order to protect my daughter and myself. My wife filed Hague Convention proceedings against me in Israel. I claim in defense that returning the child may cause her Grave Harm. Do I have a chance of winning my argument in Court?
By: דיאנה שאלתיאל•Published on: 26 February, 2025You will have to prove in Court that returning the child to Hungary would put her in grave risk. Your defense argument has to refer to your daughter’s safety and not yours. In a case brought to the District Court in Haifa, (Case # 18415-12-23) of a mother who abducted her two minor children from Sweden to Israel, and claimed that the father was violent toward her, it was ruled that since the “GRAVE RISK” defense in the Hague Convention refers to a tangible danger in returning the children to the Country of origin, and requires strong and clear evidence, and claims such as Violence and/or alcoholism etc. are not recognized as “GRAVE RISK” defense, since these claims can be examined at the Family Court in the country of origin, and the children (here- with their mother) can be returned to Sweden, their country of origin, to a safe place with no contact with the father.
*Our office represented the father in this case.