My ex-wife and I signed a divorce agreement in Israel which named her as sole custodian of our 4 minor children, all born and raised in Israel. A month ago, my ex-wife flew from Israel to the Netherlands with the children for a family visit, and refuses to return the children. I filed Hague convention proceedings in the Netherlands, for their return, but my ex-wife claims that since she is the custodian, that I have no custody rights, and that the Court should dismiss my plea. Is she right?
By: דיאנה שאלתיאל•Published on: 23 February, 2025No! “custody” and “custody rights” (referred to in the Hague Convention) are not the same. Even if you agree that your wife is the children’s sole custodian, it does not mean that you give up on your custody rights, namely, parental time, (contact and visitation) with the children. This point was made clear at the District Court in Lod, regarding the abduction of a minor daughter by her mother from the USA to Israel. The Court there clarified that since the father there, did not give up his right to have visitations and contact with his minor daughter, but just agreed for the mother to be the custodian, therefore at the time of the removal of the child from her country of origin (there-the USA) to Israel, the father was exercising his custody rights according to the Hague Convention (case # 2298-10-24).