My wife took our 8-year-old son with her to visit her sick mother in Israel. They were supposed to return after a month or two, to Belgium where we live, but six months have passed, and they are still not back. I consequently filed Hague Convention proceedings against her. In her defense my wife claims that because I only filed my plea after six months, that I have agreed to our son staying in Israel (acquiescence). Will the Court accept her claim?
By: דיאנה שאלתיאל•Published on: 06 March, 2025The answer depends on the amount and quality of evidence you can provide the Court, regarding your refusal to allow your daughter’s stay in Israel. You should file email/WhatsApp/phone communication between you and your wife which proves absolutely and unequivocally that there was no acquiescence on your part and/or that the mother manipulated you into thinking she is willing to return your son and come back with him to Belgium. For instance, the Family Court in Petach Tikva, (case # 29941-08-24) rejected an abducting mother’s defense claim that the father agreed to their minor child staying in Israel. The Court found that the reason that the father filed his plea for the return of the minor, only after 4 months, was because the mother tricked him until a certain point in time, to think that she was about to return with their child, to the US.