Q: My husband and I signed a divorce agreement abroad, according to which I have the right to return and live in Israel with our three minor children (4,6, and 8). I informed my ex, according to our agreement, of my intention to return to Israel with the children, but he nevertheless filed a lawsuit against me for their return, claiming that I abducted them from their place of habitual residence. What are his chances of winning the lawsuit?
By: דיאנה שאלתיאל•Published on: 13 November, 2025A: His chances of winning his case are slim, because an agreement was signed between you, which regulated the issue of the children’s relocation with you to Israel. In a Judgement given by the Haifa Family Court on 14.7.24, a similar claim by the father, regarding the children’s center of life being in Australia and not in Israel, was rejected. The court there noted that though it is true that the minors were born and raised in Australia, however, the minors are now in Israel and from all the data it appears that they have integrated well, the minors expressed their clear desire to reside in Israel before several parties, including the court’s expert. To all the above, the Court stressed the fact that the parties expressed a clear intention to allow the change of residence, as reflected in the agreement between them. (Family File # 55773-03-24)