To what extent does the Family Court consider the child’s wish in a Hague Convention case?
By: דיאנה שאלתיאל•Published on: 29 May, 2025
The minor child’s wish is a defense that the abducting parent may use during Hague Convention proceedings. The abducting parent may claim that the abducted child does not wish to return to his Country of Habitual residence, and the court will often hear the minor in chambers, and/or through a child psychologist and/or through a social worker’s report and/or through a child’s counsel, (a state lawyer appointed to represent the minor’s interests) all of whom the Family Court will appoint. When hearing the minors the Court will address their level of maturity and independent will. In a ruling given by the Family Court in Nahariya the Court heard the minor children in chambers and received the impression that they were greatly influenced by their mother’s position (the abducting parent) and that their position was not genuine, but ambivalent and based on their wish to please their mother. The Family Court therefore rejected the mother’s defense based on the “children’s wish” and ordered their return (Family Case # 48050-04-21).