My ex-wife abducted our two minor children (13 and 14) from Ireland to Israel a few months ago. I have consequently filed Hague Convention proceedings in Israel. One of our children has become ultra-Orthodox in Israel, under his grandparents’ influence (my ex-wife’s parents). I am afraid that the geographical distance along with the religious gap between us, will have a devastative effect on our relationship, if it is ruled that the children stay in Israel. Will the Family Court in Israel consider this, in his ruling?
By: דיאנה שאלתיאל•Published on: 05 June, 2025Possibly yes, although the issue of the abducted minors’ relationship with the left behind parent, is not mentioned in the Convention as a consideration. Nevertheless, The Court may consider it when examining the defense of “GRAVE RISK” (whether there is a risk in returning the children to Ireland or not). For example, the Family Court in Nahariya in a ruling from June 28th, 2021, (Family Case # 48050-04-21) ordered the return of three minors from Israel considering the fact that the minor daughter there is very observant and close to the abducting mother whereas the father and other 2 sons are non-observant. Considering that the relationship between the daughter and the father suffered difficulties before the abduction and considering the oral session the Court has had with the minor daughter, therefore the Court ruled that there is a GRAVE RISK that if the daughter remains in Israel, then her relationship with her father will come to an end. The Court thus ruled that the circumstances justify even more the return of the minors to their Country of habitual residence where the welfare of the daughter will be examined by the proper authorities there.