My ex-wife abducted our 4 minor children (aged 11,10,8, and 6) from Hungary to Israel. I have consequently filed Hague Convention proceedings in Israel. She claims in her defense that returning them to Hungary may cause them “GRAVE RISK” because the minors are very attached to her, and she only wishes to live in Israel. Will this defense claim be accepted at the Family Court?
By: דיאנה שאלתיאל•Published on: 29 May, 2025NO! the Court will examine whether the return of the minors to their Country of Habitual Residence (i.e. Hungary in your case) will constitute GRAVE RISK for them. For example, in a ruling given June 28th 2021, (Family Case # 48050-04-21) such a claim on the part of the abducting mother was dismissed by the Family Court in Nahariya, in Hague Convention proceedings. The abducting mother there claimed that the children were attached to her, that she wished to live in Israel and therefore returning them from Israel would cause them Grave Risk. The Family Court ruled that the country of the minors’ habitual residence is not a dangerous or otherwise unsafe country and therefore there is no “GRAVE RISK” in returning the minors there. The court also mentioned that the abducting mother could return with the minors to their Country of origin. Consequently, The court ordered the return of he minors to their Country of Habitual Residence.