Knowledge Base

International Child Abduction & Relocation

Home / Q: My wife flew to England, her homeland, to give birth to our second child. I insisted that our 3-year-old eldest (first) child stays with me in Israel. Now she has petitioned the court in Israel and is asking to allow our eldest son, to fly to her in England, for a month. I am afraid that she will refuse to return him. Is the court likely to accept her request?

Q: My wife flew to England, her homeland, to give birth to our second child. I insisted that our 3-year-old eldest (first) child stays with me in Israel. Now she has petitioned the court in Israel and is asking to allow our eldest son, to fly to her in England, for a month. I am afraid that she will refuse to return him. Is the court likely to accept her request?

By: דיאנה שאלתיאלPublished on: 04 November, 2025

A: Not necessarily. In a Judgement issued by the Tel Aviv Family Court on 5.1.25 (Family Appeal # 14558-12-24), a woman’s request to allow the temporary departure of a minor, who remained with the father, in Israel, was rejected, following the father’s prior consent to allow it, subject to certain conditions. The Israeli court examined whether the request was consistent with the best interests of the minor and whether the respondent should be required to bring him to the applicant in Australia and concluded that it was not. The Family Court stated that after carefully considering the parties’ arguments, it has concluded that the fear expressed by the father, that the mother will take legal action in Australia, which will prevent the minor’s return to Israel, has a high probability of happening. The Court found that initiating proceedings in Australia, on the question of the applicability of the Hague Convention, including the defense under Article 13 (b), is contrary to the interests of the minor and will cause significant harm to the father. Consequently, the application of the mother was rejected.


* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.

Skip to content