Q: I moved to Israel with my two minor children (aged 8 and 12), and my ex-husband filed proceedings under the Hague Convention, against me, although we had signed an agreement that allows me to relocate with them. The expert appointed in the abduction case determined that returning the children abroad would not cause them any harm. Is the court bound by his recommendation?
By: דיאנה שאלתיאל•Published on: 19 November, 2025A: No! The court tends to appoint experts to give their opinion, even in child abduction cases (although more rarely), but is not obligated to accept their recommendations, if it is convinced otherwise. Thus, in a Judgement given by the Haifa Family Court on 14.7.24 (Family File # 55773-03-24), where the expert appointed by the court determined that the children’s wish to remain in Israel should not be considered, the court did not accept his opinion. The Court stated that, there is a difficulty with the expert’s conclusion that there is no room for weight to be given to the minors’ position, even though both expressed a desire to remain in Israel, both before the expert, before the minor’s counsel, and before the court.