Q: My ex-wife and I signed a divorce agreement according to which she is the custodial parent of our minor children (9 and 11). She flew to the Netherlands three months ago, for a family visit with the children, and refuses to return to Israel with them. I filed Hague Convention proceedings against her, for the return of our abducted children. She claims that she is the custodial parent and that I have no rights of custody. Will her claim be accepted?
By: דיאנה שאלתיאל•Published on: 15 October, 2025A: No! A distinction must be made between custody and custody rights under the Hague Convention. Even if you agreed to your ex-wife’s custody of your minor children, this does not constitute a waiver of “custody rights”, which are expressed (in the case of a non-custodial parent) in visitation time (during the week, sleep overs, weekends etc.). This was made clear in a judgement issued (on appeal) by the District Court of Lod, on 10.10.24, regarding the abduction of a minor by the custodial mother, from New York to Israel (Family Appeal #. 2298-10-24). There, the mother’s claim that the father did not exercise “custody rights” at the time of the abduction was rejected.