Q: My wife and I are Israeli high-tech workers, who have been living in Australia for three years. Our minor son was born in Australia, two years ago. My wife flew with him to Israel, for a two-month family visit with my consent. It’s been six months, and she still hasn’t returned with the child. Could the fact that the child was born in Australia, and lived with both of us there for a year and a half, help me determine in court that our child’s center of life is in Australia and that my wife is committing an act of kidnapping?
By: דיאנה שאלתיאל•Published on: 30 December, 2025A: Not necessarily. You must act quickly and file a lawsuit against your wife for the return of your son, according to the Hague Convention, in order to substantiate your claim that the child was abducted, by her not returning him to his habitual place of residence, as defined by the Hague Convention. If you wait, if from your correspondence with the mother, it may be understood that you agree for the minor to remain in Israel, then the court may rule against you, considering that the child has already been in Israel for six months. In a ruling issued on 25.12.23, in the Hadera Family Court (Family File # 30859-11-23), it was determined that, although the minor (two years old) was born in the US, and the parents agreed to reside in the US, the father’s avoidance of taking legal action for almost a year to return their minor daughter from Israel to the US, according to the Hague Convention, constitutes acquiescence.