If one parent abducts children to Israel and starts settling them down to a new life, can this be used as a defence if Hague Convention proceedings are brought for their return to their country of habitual residence ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Yes, but only after a year has passed since the time of the alleged abduction and the filing of the plea in court in Israel, according to article 12 of the 1980 Hague Convention on the Civil Aspects of Child Abduction in Israel.This provides for a “prompt return” order unless more than a year has elapsed, in which case the court is entitled to consider whether the minors have adapted to Israel. If more than a year has elapsed between the alleged abduction and the filing of the plea in Israel, and it is proved that the children have adapted to their new environment, then the court has jurisdiction not to order them back to the country of habitual residence. Clearly other permitted defences e.g. acquiescence or “grave risk” can be raised, if appropriate.