My ex-wife abducted our two minor children from Denmark to Israel. I have filed Hague Convention proceedings in Israel for the return of the children, and my ex-wife claims, that I am a drug addict and therefore returning the children would put them In grave risk. Will the Court accept this argument as defense?
By: דיאנה שאלתיאל•Published on: 04 February, 2025No! in a decision given on October 20th 2024, The District court of Lod (Appeal Case no. 2298-10-24) rejected an abducting mother’s claim that the left behind father is mentally unstable, and thus returning the abducted minor children abroad would put them in “grave risk”. The Court clarified that the defense of “grave risk” relates to the place of habitual residence and not to the left behind parent. Therefore, claims that have to do with the left behind parent’s character are irrelevant to the “grave risk” defense, present in the Hague convention.