In what circumstances will an Israeli court accept the defence put up by a parent who has abducted his/her child to Israel that returning him/her would put the child at risk of grave physical harm ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Only in extreme circumstances will a court dealing with a Hague Convention application for the return of a child not order the abductee to be returned to the country where he/she normally lives. One of the available defences available is that being returned home would expose the child to physical harm. Once abduction is proved and the risk of severe physical harm is proved, the court has discretion whether or not to order the child’s return. It is not bound to order the child’s return, which is the general rule with Hague Convention cases.