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To what extent does the Court consider the abducted child’s wishes, in Hague Convention proceedings in Israel

By: דיאנה שאלתיאלPublished on: 03 February, 2025

The child’s wishes: When a child is sufficiently mature to express an opinion and wishes to remain in the location to which he/she was taken. The child’s will is a possible defense to child abduction. The Family Court will usually hear the minor and if it reaches the conclusion that the minor’s wish (not to return) is genuine and independent and that the minor is mature enough, then the Court may order not to return the child to his country of habitual residence. In case # 48050-04-21 The Family Court in Nahariya, rejected the abducting mother’s claim that the children do not want to return. The Court heard the children and asserted that they were influenced by their mother, and that the minors’ “wish” was not independent, accepted the Father plea, and ordered their return.

 


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