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What is the importance accorded to a child’s wish, in a Hague Convention case?

By: דיאנה שאלתיאלPublished on: 05 March, 2025

A great importance. If after meeting with the minor in chambers or receiving an expert’s report (usually a child psychologist or social worker), the Court’s impression, is that the child’s wish is independent, and that the child is mature enough to express it. For instance, The Family Court in the Krayot (Israel) has rejected a Hague Convention Plea of a father to return his minor son to the Ukraine. The Court considered the fact that the child’s wish is to stay in Israel and objected very strongly to being returned to the Ukraine because of the security situation there. The Court found that the child was mature enough to express his genuine wishes, that the minor’s objection was authentic and reasoned, and that it was appropriate to give it weight as it fulfils the exception to the Hague Convention (case # 19298-08-23).

 


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