My daughter has signed a divorce agreement with her American ex-husband. The agreement stipulated that she has full custody. My daughter moved with their minor children to Israel, and her ex-husband filed Hague Convention proceedings against her. She is claiming the father has not exercised custody rights over the children, at the time of the move. Will the Family Court accept her claim?
By: דיאנה שאלתיאל•Published on: 16 February, 2025Yes! On July 18th 2024, The Family Court in Rishon Letzion ruled in a similar case, that since the abducted minors have lived in the country of origin only with their mother, have met with the father very rarely with no sleeping over, and were cared for only by the mother, that the father’s custody rights were not actually exercised. Also, the father did not take any legal steps in the Country of origin to enforce any custody rights, and consequently his Hague Convention plea for the return of his minor children from Israel., was rejected (Family Case # 1392-03-24).