Several years ago my wife, who is originally from overseas, put me through agony for a few months, not returning with our child as scheduled from a visit to her family abroad. We had marital problems and she also had post-natal blues and felt more comfortable on home ground. She eventually returned when I threatened to start Hague Convention child abduction proceedings. Now, she wants to go on a visit with our first child and our new baby and I am worried that history might repeat itself. What can I do to prevent such a situation ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022If you do not want to take the draconian approach and apply for an order preventing the children from leaving Israel, you can take precautions that are not too provocative and should not harm you marriage. For example, you can make sure that that his permission to go abroad is very specific and very limited – and in writing, preferably in a document that could be signed before a lawyer. You can give very specific consent to the children’s absence from Israel , their country of habitual residence, between specified dates only, and can even make sure that return tickets are purchased. This would be vital evidence in Hague Convention proceedings abroad, should your wife fail to return the children on time, as it would counter any claim of consent.
It is also possible to draw up an agreement, and have it authorized in court, whereby your wife also makes undertakings to return the minors on time, and that a breach of this would be grounds for a Hague Convention return application. In extreme cases, you could ask for financial security to guarantee the children’s return to Israel .
Should, however, your wife breach her undertakings, you should be careful not to be passive, and should take action reasonably quickly, otherwise she could use the absence of action on your behalf against you in legal proceedings later on. She could try to prove that your silence or implied behaviour constituted consent to the children’s relocation. She could claim that he acquiesced (consented after the fact) to the minors’ remaining overseas.