I was offered an interesting job abroad, and consequently my young wife and I relocated from Israel to Denmark for a period of 2 years. Our son was born in Denmark, a year ago. About 2 months ago my wife flew, to Israel, to undergo surgery, with our son. She refuses to come back with our child and claims she needs to undergo a few more medical procedures. I am afraid that she does not intend to ever come back with our child. What should I do?
By: דיאנה שאלתיאל•Published on: 26 February, 2025You should file Hague Convention proceeding against her, at the Family Court in Israel for the immediate return of your minor child. You should act as soon as possible, because if you linger and do not act fast, it can be interpreted in Court as “acquiescence” which is one of the possible defenses an abducting parent can claim in Hague Convention proceedings, against the return of the child. The Hadera Family Court in a ruling from December 25th, 2023, rejected a Hague Convention plea of a father because he waited 10 months to file the plea against the mother’ visited the mother and the child in Israel and helped the mother find an apartment there. The Court interpreted the father’s behavior as “acquiescence and also considered the face that the child (a baby daughter) came to Israel with the mother, when she was only 5 months (Case # 30859-11-23).