My ex-wife has abducted our 2 minor children from Australia to Israel. I have filed Hague Convention proceedings in Israel for the return of the children. One of the children has become very observant and I am afraid that this issue, along with the geographical distance between us, will harm our relationship if the children stay in Israel. Will the Family Court take this into consideration?
By: דיאנה שאלתיאל•Published on: 03 February, 2025The Court may indeed consider your concerns. Although the issue of the relationship of the left behind parent, (with the abducted child), is not overtly mentioned in the Hague Convention, the Family Court may refer to this, while examining the “Grave Risk” defense. For example, in case # 48050-04-21, the Family Court in Nahariya, ordered the return of 3 abducted minor children from Israel to their country of origin, stating that one of the children (the daughter) had a difficult relationship with the father even before the abduction by the mother, that she was very close to the mother and very religiously observant like the mother, (unlike the father and other brothers). After hearing the child in chambers the Court has reached the conclusion that if the child stays in Israel, it would put an end, to her relationship with the father’ and ordered the children back to their country of habitual residence.