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Home / My wife refuses to return our minor children (4 and 7) from a family visit in Israel to Belgium, where we live. I started Hague Convention proceedings against her, for the return of our children to Belgium. The Judge at the Family Court appointed an expert to give an opinion in the file, before my wife's defense is filed. I object to this appointment. What are my chances to win in appeal?

My wife refuses to return our minor children (4 and 7) from a family visit in Israel to Belgium, where we live. I started Hague Convention proceedings against her, for the return of our children to Belgium. The Judge at the Family Court appointed an expert to give an opinion in the file, before my wife’s defense is filed. I object to this appointment. What are my chances to win in appeal?

By: דיאנה שאלתיאלPublished on: 20 February, 2025

Not high. You should be aware that although Hague Convention proceedings are supposed to last only 6 weeks, that sometimes, when the situation is unclear, or for other reasons, the Court has the authority to appoint an expert (a child psychologist etc.), to assess the family situation. For instance the District Court in Nof Hagalil-Nazareth, rejected an appeal filed by a father on the same issue and ruled that since the decision regarding an expert’s appointment was made (by the family Court), at the beginning of the process, it will not delay or encumber the treatment of the file or distort justice, for the appellant (the father).

 


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