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International Child Abduction & Relocation

Home / Not if it is proved that the children were lawfully removed from the country in which they were living i.e. that there was the mutual consent of both parents . Where the removal was lawful – i.e. it is proved that both parents consented – then there is no wrongful removal, and no abduction, so that the 1980 Hague Convention on the Civil Aspects of Child Abduction does not apply. The parent wishing to return must apply for custody and relocation of the minors in Israel.

Not if it is proved that the children were lawfully removed from the country in which they were living i.e. that there was the mutual consent of both parents . Where the removal was lawful – i.e. it is proved that both parents consented – then there is no wrongful removal, and no abduction, so that the 1980 Hague Convention on the Civil Aspects of Child Abduction does not apply. The parent wishing to return must apply for custody and relocation of the minors in Israel.

By: דיאנה שאלתיאלPublished on: 30 May, 2022

Firstly, when an alleged abductor uses violence as a defence in Hague Convention proceedings brought at a family court in Israel he/she must prove that the minors themselves are exposed to a grave risk of danger – physical or emotional. The family court in Israel would most probably appoint a suitably qualified professional to talk to the minors and report on the findings. When the children are very young the court will not usually choose to hear direct evidence from the minors themselves, for fear of any negative emotional effects it may have on them and because it is not usually helpful, given that the experts are better qualified to assess the situation.


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