My wife and I are Israelis who work in Hi-tech and have been living in Australia for the last 3 years. My wife has travelled to Israel, with our 2-year-old son, to visit her family there. They were supposed to stay in Israel for 3 months, but 6 months have already passed, and I am worried. Is the fact that our son was born in Australia and has lived for 18 months with us in Australia, help me in proving Australia is his Country of Habitual residence, if I file Hague Convention proceedings for my son’s return?
By: דיאנה שאלתיאל•Published on: 26 February, 2025Not necessarily. You must act quickly and file Hague Convention proceedings, against your wife, for the immediate return of your child to Australia. If your wife can present oral or written proof (i.e. WhatsApp correspondence) that show that you agreed to your son stay in Israel, then the Court may rule against his return, given that your son has already been living in Israel for 6 months. The Family Court in Hadera rejected a Hague Convention plea of a father for the return of his minor daughter to Australia, because he filed his plea 10 months after the child has been in Israel. The Family Court found that the father’s lack of action, expresses agreement to his daughter staying in Israel, i.e. Acquiescence, which is a defense argument according to the Hague Convention, and ordered that the child will not be returned (Case # 30859-11-23).