Q: I am an Israeli who married an American citizen, but I did not receive legal status there. After we divorced, my ex-husband threatened me that if I did not do as he wanted, he would contact immigration authorities against me, so that they deport me and separate me from our two children (aged 6 and 10). I got very afraid and flew with the children, at the first opportunity, to Israel. Could my ex’s threats serve as a defense, for not returning the children to the US?
By: דיאנה שאלתיאל•Published on: 18 November, 2025A: Yes! Thus, in a Judgement dated 18.7.2024, which was given by the Family Court in Rishon LeZion (Family File # 1392-03-24), it was determined that threats of this type answer the defense under Article 13 (a) of the Hague Convention, that is, an exception that prevents the return of an abducted minor. The Court there stated that the plaintiff’s threat put the defendant and the minors “with their backs to the wall” in a forceful, not to say violent, manner, and that his use of unilateral forceful means, while exploiting the defendant’s distress, was improper, and interrupted the dialogue between the parties regarding the move to Israel, in a manner that satisfies the defense set in Section 13(a) of the Supplement to the Hague Convention, according to which the plaintiff also knew about the move.