Q: My wife and I are Israelis. We went to Denmark for a period of two years to advance my career. In Denmark we had a son, who is now one year old. About two months ago my wife came to Israel to undergo surgery, together with our son. Since she arrived and for the last two months, she has not agreed to return and claims that she needs to undergo some more medical treatments in Israel. I am afraid that she will refuse to return at all. What should I do?
By: דיאנה שאלתיאל•Published on: 07 December, 2025A: You must file Hague Convention proceedings for the return of your minor son to Denmark. Your failure to file a claim against your wife under the Hague Convention, or late filing of a claim, may be interpreted as a waiver and “acquiescence” on your part, which constitutes an exception that justifies non-return. For example, In a judgement issued on 25.12.23, in the Hadera Family Court (Family File # 30859-11-23), it was determined that the father’s delay, there, in filing a claim for about 10 months, his cooperation with the mother, in finding a place to live in Israel (temporary, according to him), and his visit to Israel, together with the young age of their common daughter, who was born in the US and arrived in Israel with the mother at the age of 5 months, constitute a defense of “acquiescence” (i.e., a waiver after the fact), and that the Hague Convention does not apply in this case. Consequently, the Family court there dismissed the claim for the return of the minor daughter to the US.