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International Child Abduction & Relocation

Home / Q: I lived with my American husband in the US without legal status. We separated, and I moved to Israel with our two minor children, one of whom is 16 and a half years old and the other is 12. Both of them really want to stay with me in Israel. My ex-husband filed a lawsuit against me under the Hague Convention, claiming that I abducted the children. What are my chances?

Q: I lived with my American husband in the US without legal status. We separated, and I moved to Israel with our two minor children, one of whom is 16 and a half years old and the other is 12. Both of them really want to stay with me in Israel. My ex-husband filed a lawsuit against me under the Hague Convention, claiming that I abducted the children. What are my chances?

By: דיאנה שאלתיאלPublished on: 28 October, 2025

A: Pretty good. The age of the children can be a decisive factor in these matters. Thus, with regard to your 16 and a half year old son, The Hague Convention does not apply to him, but only to children up to the age of 16, and therefore he cannot be returned through a legal process, which is filed according to the Convention. With regard to the daughter, who is 12 years old, the decision also depends on the court’s impression regarding her independent wish to remain in Israel. Thus, in a ruling dated 18.7.2024, which was given in the Family Court in Rishon LeZion (Family File 1392-03-24). The 12-year-old girl was represented by a minor’s counsel (an attorney appointed by the court to represent her in the case), and was heard by the court. It was determined that since all members of the 12-year-old minor’s family (except the father) live in Israel, and since she too wishes to live in Israel, then her return to the United States does not serve her best interests and places her at serious risk, and that the conditions provided for in Article 13 of the Hague Convention are met.


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