My wife has abducted our two children (2 and 4 years old) from Australia to Israel. The children were born in Australia and have lived with us there until the abduction. During Hague Convention proceedings, that I filed at the Family Court in Israel, my wife claimed (in her defense) that because we had moved from one place to another within Australia, that the children do not have a place of habitual residence and thus their move to Israel is not an act of abduction. Does her claim stand a chance in Court?
By: דיאנה שאלתיאל•Published on: 05 March, 2025No! the claim that in the past you have tried as a family to change your residence (within Australia) is not relevant and cannot be used as a defense argument in Hague convention proceedings. The Family Court will first try to establish the place of habitual residence of your minor children according to section 4 of the Convention. The Court will examine the life circumstances of your family, and where you lived. It is a pure fact test, where the court examines the parents’ intention, based on their past decisions and factual circumstances (Case # 29941-08-24).