My wife has abducted our 3 minor children (aged 6,8, and 9) to Israel. I have initiated Hague Convention proceedings to return my children to the UK. I feel that as time passes by, my children are becoming more hostile and alienated towards me. The children are about to be heard in chambers by the Judge, but I wonder how much weight will the Family Court give to their “wish” in these circumstances?
By: דיאנה שאלתיאל•Published on: 26 February, 2025The Court will usually weigh in the circumstances and not decide just according to what the minor say. The Court will examine whether the children’s wishes are independent and consider their age, the time that has passed and sometimes appoint an expert (usually a child psychologist) to give his written opinion and/or a social worker etc. for example, the Haifa District Court, in a Hague Convention case (Case # 18415-12-23) after meeting with the minor children involved ruled that their impression was that it was hard to establish that the children’s wishes to stay in Israel were independent from their mother’s will influenced and nourished by it. The District Court there rejected the mother’s appeal on the Family Court’s ruling to return the minors to Sweden.
*Our office represented the father in this case.