Q: I am originally from Israel. I met and married a Hungarian man, and we had a daughter there. Our marriage did not work out, due to his violence towards me. Consequently, I traveled with the girl back to Israel, and he filed a lawsuit against me under the Hague Convention. I intend to claim that returning our minor daughter to Hungary would endanger her. What are my chances in court to win this?
By: דיאנה שאלתיאל•Published on: 11 December, 2025A: To prove a defense claim of ” grave risk” under the Hague Convention (article 13b), you will have to prove in court that returning the child (not yours) to Hungary would endanger her. In other words, the claim must relate to the country (here-Hungary) and not to her father. This was ruled on 31.3.24 in an appeal filed by a mother, against a judgement that she had abducted her two minor children from Sweden to Israel, by the Haifa District Court (Appeal Case No. 18415-12-23)
*Our law firm represented the father in this case.