Q: In previous legal proceedings it was determined that the country of habitual residence of my three minor children (6,8, and 12) is in Israel. As I am relocating to Sweden, with my new girlfriend, I wonder if I may ask the Court to set visitation and residence rights, under the Hague Convention Law?
By: דיאנה שאלתיאל•Published on: 05 October, 2025
A: No! This is what the Haifa District Court ruled in its ruling, dated 8.1.2025 (Family File # 54663-08-24), which rejected a father’s petition on this issue. The court noted that although it is possible to use the provision of Article 21 of the Hague Convention, which refers to the guarantee of visitation rights, even without an act of abduction, there are also other opinions on this matter, and ruled that since the father lived with his children in Israel for years, and Israel is their country of habitual residence, the rights of visitation and residence should be examined according to the law of the local substantive law (Israel)- the Legal Capacity and Guardianship Law.