My ex-wife has left Israel with our child for Canada, where she grew up – without my knowledge or consent . According to our divorce agreement she has custody, but I have generous visitation rights. . When I told her that I intend bringing child abduction proceedings , she said she had been entitled to leave Israel with our child, under the terms of our divorce agreement. She reminded me that it contained a clause saying that if I defaulted on child maintenance she could leave Israel with our son. This was designed to ensure regularity of financial support, and I thought would only apply where there was a long-term problem. Due to financial problems I did not pay child maintenance for a couple of months. Can my ‘ex’ use the divorce agreement to stop me getting a court order for the return of my son to Israel ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Yes , possibly – although her success would depend on the wording and interpretation given to the terms of the divorce agreement, and the details concerning the non-payment .