My family has been living in Belgium where our twin boys (now 7) were born. My wife and I are in the process of getting a divorce. 6 months ago, my soon to be ex-wife has taken our children to Israel, following my consent. I have since changed my mind. Will The Family Court in Israel return the children back to Belgium, if I argue that I no longer want the children to stay in Israel, and file Hague proceedings?
By: דיאנה שאלתיאל•Published on: 11 February, 2025No! if you have not acted for months after their arrival and have consented to the children’s move from Belgium to Israel, then your Hague Convention plea will probably be rejected. The Family Court in Beer Sheva, (Family Case # 23736-08-24) rejected a Hague Convention plea of a father in similar circumstances. The Court stressed the rule that the left behind parent cannot take back his/her consent (before the move) or acquiescence (after the move), and that the issue of the children’s residence should be examined in adequate legal proceedings, not an urgent Hague Convention plea.