Q: I filed a lawsuit under the Hague Convention against my ex-wife, for the return of our minor children (8 and 10) from Israel to Denmark. The court decided on its own initiative to appoint a separate attorney for the minors (legal guardian/minor’s counsel) and ordered me to pay all of his fees. I filed an appeal against the decision. What are my chances?
By: דיאנה שאלתיאל•Published on: 08 December, 2025Q: Regarding the appointment itself, your chances are low. The Court has discretion in the matter of appointing a guardian ad litem, even in expedited proceedings under the Hague Convention, and the Court of Appeal, usually, does not interfere with these considerations. On the other hand, in the matter of fee payment, it is certainly possible that the Court of Appeal will intervene in an issue that, on its face, appears unbalanced. Thus, in a ruling given on 24.6.24, in this matter, by the District Court in Nof HaGalil-Nazareth (Leave of Appeal # 49959-06-24), as an appellate court, a father’s application to annul a decision of the Haifa Family Court to appoint a legal guardian, for a minor, in a Hague Convention case, was rejected. However, the District Court ordered the Family Court to reconsider and/or justify its decision, placing all the legal guardian’s fees on the father/plaintiff alone.