Knowledge Base

Home / Q: I am divorced and have visitation rights in Israel. My ex-wife, who is the custodial parent, flew from Israel to the US with our minor children (10 and 12), without my knowledge. Can I take legal action against her under the Hague Convention to return our children to Israel, while she is the custodial parent and I only have visitation rights?

Q: I am divorced and have visitation rights in Israel. My ex-wife, who is the custodial parent, flew from Israel to the US with our minor children (10 and 12), without my knowledge. Can I take legal action against her under the Hague Convention to return our children to Israel, while she is the custodial parent and I only have visitation rights?

By: דיאנה שאלתיאלPublished on: 11 November, 2025

A: Absolutely! According to Israeli law, you are still the natural guardian of your children, along with their mother, despite the divorce, and even though she was granted custody, the Hague Convention will apply here. If there is a violation of visitation arrangements due to an act of abduction, the Hague Convention is most effective here, in ensuring the return of your children to Israel, where their habitual residence and center of life are located.

 


* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.

Skip to content