Q: My wife came from England to Israel with our minor children, for a family visit, and refuses to return to England with them. I filed a lawsuit against her, under the Hague Convention, for the return of the children at the Family Court in Israel. Before my wife’s defense was filed, the court decided to appoint an expert (a clinical psychologist) to file his report on the case. I object to this decision and would like to appeal. What are my chances of winning?
By: דיאנה שאלתיאל•Published on: 06 November, 2025
A: The court has discretion in the matter of appointing an expert. The court of appeal tends not to interfere with judicial decisions given by a lower instance. Thus, in a ruling issued on 24.6.24, in this matter, by the District Court in Nof HaGalil-Nazareth (Family Leave of Appeal # 49959-06-24), a father’s petition to annul decisions issued by the Family Court in Haifa, in his claim under the Hague Convention, including on the issue of appointing an expert, was rejected. The District court there found that it appears that the decision made by the Family court meets the conditions and requirements of the Hague Convention and the case law, and therefore it must be assumed that the appointment of an expert will not delay or complicate the handling of the proceedings and/or cause any distortion of the law for the appellant.