If both parents sign a voluntary return agreement regarding their minor child who has been abducted by one of them, and the left behind parent breaches the agreement, in this case, what may be the implications on the issue of the minor’s return?
By: דיאנה שאלתיאל•Published on: 05 March, 2025The answer depends on the specific contents and stipulations in the agreement for the voluntary return of the abducted child that the parents have signed. Generally, if the left behind parent breaches the agreement, then the abducting parent will not have to respect the agreement, meaning that the Hague Convention file against the abducting parent, would be closed by the Family Court, and the abducted minor would stay in the country where he/she has been abducted to, and not be returned to his country of habitual residence.