Q: If it is determined that the habitual residence of minor children abducted to Israel, is abroad, will they automatically be returned there (abroad)?
By: דיאנה שאלתיאל•Published on: 11 November, 2025A: No! even if the Family Court in Israel finds that a minor was abducted to Israel, according to the Hague Convention, and that the center of his life is abroad, it does not mean that he/she will be automatically returned to the country of origin. If the defenses that prevent the return to the country of habitual residence, are proven in court, clearly and convincingly, by the abducting parent, then the child will not be returned. In a Judgement given by the Family Court in Rishon LeZion (Family File #1392-03-24), on July 18, 2024, the court rejected the father’s claim for his minor daughter’s return. It was determined that, although the United States was the center of the minor’s life before the abduction, since returning the minor to the United States. would cause her serious harm, given that her mother, who lives in Israel, lacks legal status in the United States, and since the minor’s siblings all live in Israel, therefore the court rejected the father’s claim for her return.