Q: My ex-wife has abducted our three minor children (7,9, and 11) from England to Israel. I have the impression that as time goes by, the children are becoming more and more hostile to me, under her influence and the influence of her family members in Israel, who are “brainwashing” them. The children are about to be heard in court. What weight will the court give to the “will” of the children, under these circumstances?
By: דיאנה שאלתיאל•Published on: 11 December, 2025Q: Article 13b of the Hague Convention states that “The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views”. In most cases, the court will consider the circumstances and will not decide solely based on the children’s words but will try to examine whether this is their independent opinion. The court will also take into account their age, the time that has passed, and the opinion of an expert who will be appointed and/or a legal guardian and/or an attorney who will be appointed to represent them in the proceedings (children’s counsel). Thus, in a judgement issued in the appeal of an abducting mother, in the Haifa District Court (Ap. No. 18415-12-23), on 31.3.24, after the appellate court met with the two minors, it was determined that the exception in the Hague Convention of “the child’s wishes”, which justifies non-return to the country of origin (there: Sweden), does not apply. The court there dismissed the appeal filed by the abducting mother.
*Our law firm represented the father in this case.