My wife flew to Israel with our 7 year-old child, without my consent. I have filed Hague convention proceedings at the Family Court in Israel, against her’ for his return. She claims that I don’t have custody rights. Will the Family Court in Israel accept her claim?
By: דיאנה שאלתיאל•Published on: 23 February, 2025The Court in Israel will need to check if according to the laws in your country one parent is allowed to unilaterally take a minor child abroad, without the consent of the other parent. For instance, on October 10th 2024. The District Court in Lod, ruled that since according to the laws in the State of New York, USA, the mother had to receive the father’s consent to take their minor daughter out of the country (i.e. New York), then this means that the father had custody rights at the time of the removal of their daughter to Israel, that the child should be returned immediately, unless the mother proves one of the defenses in the Hague Convention (case # 2298-10-24).