Abduction From Israel

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Divorced Mum - Relocation to Holland With Toddler: I am divorced from my Israeli husband. We have a toddler, over whom I have custody. I want to move back to Holland which is my native country. I have much better career and employment prospects there, and will get support from my family. I am willing to agree to generous visitation rights, both in Israel and in Holland. What are my chances of being allowed to do so, if my 'ex' is against the idea?
Good. Your plans sound legitimate, and reasonable. As your child is under 6, and Israeli law gives preference to mothers of young children gaining custody, then if you apply for relocation, are the toddler's main carer, and a reasonably competent parent, then it is likely that the professional appointed by court to make a report and recommendations will recommend that you be granted permission. The court, however, must be convinced that relocation to Holland with you would be best of the options available from your child's point of view.
Career Opportunity and Relocation: My ex-wife told me that she wanted to relocate to Europe for a few years, because she had been offered an excellent career opportunity in the international company she works for. She said they would pay her fares to visit Israel with our child every few months. I refused point blank and tried to dissuade her. However, I am still worried that she might try and bring legal action to gain permission. Could she succeed?
Yes, if the court decides in her favour, it can overrule any objections you may have.
Counter-Tactics in Relocation: Jurisdiction: I filed a relocation plea at the family court concerning my child. In response, my ex-husband, who has a vindictive nature, filed a custody plea at the rabbinical court which granted our divorce. He had initiated divorce proceedings and tied in custody there, though we agreed on divorce before the custody was dealt with. My 'ex' claims that the rabbinical court has continuing jurisdiction over custody. He vehemently objects to the idea of relocation, and even claims the rabbinical court has jurisdiction over this. What can I do?
Presuming you were the plaintiff in the relocation file, the best strategy would be to file an additional, independent plea in the child's name at the family court, as your child is an independent legal personality, with his/her own rights, and ask for the two pleas to be joined. As your child is a minor the plea would be filed via you, as his/her legal guardian. A relocation plea filed at the family court would circumvent the problem of jurisdiction as binding precedent states that a child is not bound to agreements between his/her parents concerning him/her, and this principle extends to the issue of jurisdiction. The family court has primary jurisdiction for relocation pleas, The family court would have to make an initial decision on whether it has jurisdiction over your child's relocation, given your husband's claim that it lacks jurisdiction. You will, of course, also have to file a defence at the rabbinical court in the custody proceedings brought against you there disputing its continuing jurisdiction, but without further details nothing significant can be said on this.
Remarriage - Legitimate Ground for Relocation: I have custody in Israel and am divorced from my child's Israeli father. I have been dating someone with a business back in the UK. If we got married, would I be allowed to move to the UK with my child even if his father disagreed?
There is no guarantee of this, but remarriage is considered a legitimate ground for relocation. If you filed for relocation in Israel based on remarriage to someone with a livelihood abroad, who could not easily live in Israel, you would have a reasonable chance of success, assuming that the professional reports recommended that this was in your child's interest, given all the circumstances and options.
Ex-Brit Wife Wishes To Relocate to UK With Child: I am English married to an Israeli. We have been living in Israel since we were married, but I now want to go back to England taking our young daughter with me. My husband does not agree. What legal action do I need to take in Israel and in England to make our return possible according to the law?
You first need to apply in the Israeli Family Court for a custody order and an order giving you permission to relocate to England. If you are granted these, you may then legally leave Israel with your child. When you get to England you can apply to the appropriate English court (usually the county court local to where you live) for what is called 'a mirror order' which will in effect recognize the Israeli orders that you obtained. There may even have been a condition in the Israeli orders that you obtain an English 'mirror order' to protect any visitation rights which the father was given by the Israeli court.
New Relationship Abroad & Relocation: Could a parent applying for relocation partly due a new relationship abroad be regarded as irresponsible because of this?
Actually, this argument was tried and rejected in a three year relocation battle that ended with a Supreme Court judgment allowing a mother of two to relocate to the UK, in May 2006, Her original relocation plea had been amended to include her partner abroad. Rejecting an appeal by the father (her ex-husband) against the Tel Aviv District Court's decision reaffirming the family court's ruling in favour of relocation, it was specifically stated in the leading judgment ',. To my mind, the fact that the requested relocation is made for the need of the mother and not because of the children's needs does not make it faulty to my mind and does not in itself show anything, as counsel for the father asked to plead before the previous courts relating to lack of responsibility on her part or of failing parental capability. The creation of a new couple framework often happens after the separation of the parties and where the couple framework is good, warm and supportive, it would seem that the matter even benefits the children, without harming their relationship with the other parent.'
On-going Therapy As Argument Re Relocation of Child: What must I prove to stop my 'ex' getting permission from the court to relocate abroad? One of our children is very sensitive and undergoing therapy since our divorce, in which I am closely involved.
You must try and convince the court that relocation would be against their interests, and result in serious and irreversible emotional damage to them, especially the one undergoing therapy, which could not be continued without your ongoing presence.
Relocation Case – Time Following Remarriage: How long could a legal battle in Israel take to get permission to relocate abroad with my children from my first marriage, after I remarry, assuming my 'ex' objects?
No clear answer can be given, as this would depend on many factors, but if your 'ex' went for an all-out battle including two appeals, it could take a few years. For example, in May 2005 a mother of Canadian origin who remarried in 2003 finally got permission from the Supreme Court to relocate abroad with her two daughters from her first marriage following an all-out battle with her ex-husband that included two appeal proceedings following the original family Court judgment. Successful negotiation resulting in a court-authorised agreement over relocation and visitation, however, can slash time down to a matter of weeks or even months. Even if a legal battle has started, it can stop in the middle and agreement can be reached, saving time, money and emotions.
Convenient Financial Guarantee For Holiday: My husband and I are locked in a custody battle at the family court and I have applied for relocation there, too, which he is fighting. I want to take the kids to see my family in the States (my native country), but my husband says he is afraid that I will not return them from the U.S.A. (this is where I want to relocate). He says he will only agree to lift the existing exit order on the children if I provide financial guarantees. He knows that I have no savings lying around (all we own is the home in both our names), and my family cannot help. Is there any solution?
If you are registered as the co-owner of rights in the marital home, you can offer these are a financial guarantee. Such a guarantee could be in the form of a irrevocable power of attorney allowing for the transfer of your rights in the property should you fail to return the children, in accordance with a court decision. The prevention of exit orders on the children could be lifted upon its deposit in the court safe, and reinstated upon their return, following the return of the guarantee. This way you would not have to provide cash, or pay bank fees. If the other side is in agreement, a joint application can be made to court, on the basis of this mechanism, for the lifting of the exit orders to allow the visit, If the other side is not in agreement, an application can still be made, and the parent wishing to travel can suggest the mechanism as a form of guarantee, should the court condition the visit upon guarantees. On a general note, where the parent needing to find a guarantee has no rights in real estate him/herself, but his/her family own rights in property in Israel, it may be possible for these to be used as a guarantee in such a situation. The mechanism of using property rights in Israel to guarantee the return of minors from a short visit abroad was agreed upon by parents, and approved in principle by Kfar Saba court in December 2005, in connection with a client at this practice, a father, who had filed for custody and relocation of his children and wished to take them on a visit to his family abroad. The mechanism was put into effect during the Summer of 2006, instead of the usual bank guarantee.
Geographical Distance & Relocation: Does the geographical distance between Israel and the country a parent wants to relocate to with their mutual children affect the court's decision?
It is certainly a factor taken into consideration, especially if the parties are of limited financial means. The further the country is from Israel, the more difficult and expensive visitation will be. A court will be very concerned about maximizing visitation arrangements if the child moves abroad.
Extra Expert Opinions Needed – Relocation Battle: I am fighting my 'ex' who has applied to relocate abroad with our children following her remarriage. As I am ready to fight her the whole way, even if it takes years, I am worried that the original reports made by the experts will be out of date. What happens in this case?
The court hearing the case – or appeal – has jurisdiction to order supplementary report/s by the experts appointed in order to update the situation.
No Obligation for Trial Relocation: My ex-wife has custody of our daughter and wants to relocate from Israel to Belgium with her. I object but she has now brought legal proceedings against me in Israel. Can I make my ex-wife's new husband guarantee that if our child does not like it there, he will agree to their return?
No! There is no legal obligation upon your ex-wife's new husband to agree to this at all. The court can grant your ex-wife permission to relocate if after hearing the expert opinion/s it considers that it is the best option for her in the circumstances, even if you object. In November 2006 Tel Aviv Family Court granted a mother with custody, who had remarried a French businessman, permission to relocate to France with a six year old son, It adopted the findings and recommendations of professionals which held that relocation was in the minor's good, or was the 'least detrimental alternative', In doing so, the court rejected a claim by the father that his ex-wife's new husband's refusal to promise to let her and the child return to Israel if the minor were unhappy in France, proved that his welfare was not being put first. It held that the new husband was under no obligation to make such an undertaking.
Appeal Against Relocation Judgment Delays UK Recognition: My 'ex' is appealing a court judgment granting me permission to relocate to the UK with our mutual child. Can I get the judgment recognized in the UK and a residence order there?
Not while the case in Israel is pending appeal. A judgment must be unappealable and final before it can be recognized by a 'mirror order' in the UK, and a residence (custody) order obtained there.
New Spouse Relevant to Relocation Proceedings - I have applied to court to relocate from Israel with my kids from my first marriage. The court has appointed a clinical psychologist to make a report and recommendations on this and she wants to meet my new husband. Is this normal?
Yes! Meeting your new spouse is part of the assessment process carried out by the professional who the court has appointed to report on whether relocation with you abroad is in your children's welfare. The professional will be looking to see whether your partnership seems stable and whether your new spouse and your children have a reasonable relationship.
Child Abduction to England in Security Situation
Child Abduction to England in Security Situation
Child's Views Re Relocation: Will a child's own views about relocating from Israel with a custodial parent be taken into account by an Israeli court?
Yes, providing the child is of appropriate age and maturity (generally around 10), and is regarded by professionals who have made reports not to have been incited/pressurized or brainwashed by one of the parents. The reasons the child gives will be relevant and the judge is entitled to meet the child in his/her chambers without either of the parents being present, to gain a firsthand impression, if necessary.
Totality of Father's Viewpoint Boomerangs: I vehemently object to my ex-wife's attempts to relocate from Israel with our minor children following her remarriage to a man whose business is abroad. I can see no advantage for them in being torn from me. I am so convinced of this that I am willing to fight her all the way for this. Surely the court will 'read' my total commitment and decide in my favour, won't it?
Not necessarily. The court will appoint a professional to test the relative parenting skills of both you and your 'ex' and to make a report and recommendations on whether relocation abroad with their mother is in your children's welfare ie preferable to remaining in Israel with you. While the expert will be impressed by your commitment as a parent, being too extreme could boomerang. For example, in a relocation case which reached the Supreme Court in 2005, one of the reasons given for overturning the District Court's refusal for permission for the children to relocate abroad with their mother was the father's 'totality', which the expert's report had noted. It had said that both the mother and father were very capable parents but the professional appointed to make a report and recommendations noted that the father's unwillingness to see any advantages for the children in relocation and the totality of his views put pressure on them, whereas their mother's more open and balanced approach had a calming effect on them. She saw the advantages and disadvantages of both options for them – of staying in Israel with the father, or moving to the United States with her, whereas he could only see the negative side of relocation, and the positive side of staying in Israel. 'I estimate that the father's deep persuasion that the girls' place is here, without any doubts, puts hidden pressure on them,' the expert wrote.
I am a divorced mother wishing to relocate overseas with the kids, who are in my custody. Will I be 'stuck' with rabbinical court (where I divorced several years ago) for the new, relocation proceedings, or can they be filed at the family court?

No, you are not 'stuck' with rabbinical court jurisdiction. Primary jurisdiction for relocation lies with the family court where the plea can be filed, directly.

Even if you expressly consented to rabbinical court jurisdiction at the time, children have independent legal personalities and are not bound by the choice/s of their parent/s regarding the judicial forum they chose to adjudicate on legal proceedings concerning them, according to long-standing Supreme Court of Justice binding precedent. Your children can initiate relocation proceedings themselves, as plaintiffs, via you, as their natural guardian, in the family court. You can also file for relocation, as a plaintiff, too.

Getting Children Back
Getting Children Back
Stability of New Relationship & Relocation: My 'ex' wants has applied to the Family Court to relocate to the States with our children. She has married an American recently. Will the court take into account that the relationship is new, and might not be stable?
It will certainly investigate the stability of the new relationship, and a professional appointed to make a report and recommendations may even meet with the mother's new husband, as well as her and the children, and yourself.
Relocation - Legal Costs Could Be Shared I am willing to fight my 'ex' to the bitter end over relocation, as long as I know that if I win, the court will order costs in my favour. Will this be the case?
Not necessarily, because the court has discretion and the last word here. For example in May 2005 the Supreme Court finally put an end to a two year court battle between divorced parents, both of whom had remarried, over relocation of their mutual children. It re-instated the original Family Court's judgment allowing relocation, but held that both sides would bear their own costs, which covered two appeals, and specifically recommended that the District Court's ruling on costs be reversed.
I am a divorced dad of a pre-school age child. His mother (who is not Israeli), wants to leave Israel with our child, permanently, to be near her family. Does she need my consent to do so?

Yes - or permission from the family court in Israel, if you do not consent. If your 'ex' relocates overseas without your consent or court permission, unilaterally, then this would be an act of civil child abduction.

If you oppose the idea of your 'ex' relocating overseas permanently with your child, then she must apply to the family court for permission to relocate, and you can oppose the application. If you have grounds to suspect that she is planning to relocate, unilaterally, because she knows you will not consent, then there are pre-emptive emergency legal steps that you can take, to prevent the child's exit from Israel.

My wife, a filipino, travelled to the Philippines with our young child, to visit her family there. They have not returned to Israel,where we live. What are my options? My wife and child are both dual citizens.

Unfortunately, the Hague Convention governing civil aspects of international child abduction is not yet in force between Israel and the Philippines.

 

The Philippines acceded to the convention on  29.3.2016 , with it becoming a "Hague Convention" Country only on 1.6.2016. At present, only Japan has accepted its accession, so currently the Hague Convention is only relevant regarding abductions  between Philippines and Japan, though hopefully, other countries, including Israel, will accept the accession, so that it will have wider effect.

 

Currently, therefore, you would need to take direct legal action in the Philippines via experienced specialist counsel there, for a non-Hague order for the return of your child and/or to represent you in custody proceedings there, if perhaps already initiated by your wife. You would be advised to select counsel in the Philippines who would work in conjunction with English speaking specialist family law counsel, in Israel, to maximize your representation and thereby improve your chances of returning your child. 

 

Our law practice could, for example, offer such assistance, and provide an expert legal opinion on Israeli family law  , to be presented overseas, to explain about your equal parental rights under Israeli law and the independent rights of the child (who is an Israeli citizen, too) , and how they have been breached. We could, also assist in the preparation of detailed affidavits, and gathering relevant evidence, regarding  habitual place of residence and joint parental intentions.

Visitation 'Record' And Relocation: Will a mother's record of honouring visitation be relevant if she applies for relocation from Israel?
Yes, especially if she has a poor record, and frequently sabotages or interferes with visitation. A parent's willingness and ability to maintain contact with the other parent and to recognize his/her legitimate role and rights – and the importance for the children of an on-going relationship with the other parent– is a vital factor. A court could refuse relocation because of a mother's poor record on this.
Relocation - Crunch Questions For Parent Applying: I am a divorcee in a steady relationship with a man in my native U.S.A. I wish to marry him. My 'ex' objects to me leaving Israel with the kids, and it looks as if I am going to take legal action. If the crunch comes, and I don't get permission, I will stand by my kids, and stay in Israel with them, and give up my chances of marrying this man. If I let the court know that I will stay in Israel in any case, will this weaken my cause?
Not judging by a successful relocation case decided by Tel Aviv Family Court in September 2005, where a divorced mother, originally from the U.K., was given permission to relocate there with a 10 and an 8-year old, over whom she had custody in Israel. She had originally planned to relocate to England to be near her family in the South Coast, but later amended her plans to remarry and live in London. She had made it clear to the psychologist appointed by the court to make a report and recommendations that if her plea were rejected, she would remain in Israel. The psychologist noted that if the mother had to remain in Israel should her plea be rejected, the same problems of isolation and strain she experienced before would resurface, and this would have an indirect negative effect on the children as it would weaken her parental capability. Furthermore, refusal would fan the flames of animosity between the parents which would boomerang on the children, and they could bear a grudge against their father because of this.
I am a divorced mum, an academic, in Israel, I have just been offered a fantastic 3 year research posting overseas but my 'ex' is against our child (who lives with me) leaving Israel. What can I do?
Apply to the family court for permission to relocate overseas with your minor child for a specified period of time. Where parents cannot agree about where a child should live, even temporarily, then the family court hears the parties' competing claims, and can rule on the dispute. It has discretion to overrule the non-custodial opposition's opposition to relocation overseas.
Child's Learning Difficulties & Relocation: Our child has severe learning difficulties and is in a special programme to cater for his needs. His mother – my 'ex' – wants to relocate. Will the court take the effect that this could have on his progress into consideration?
Yes, and it could even be a reason for refusing relocation.
Relocation - New Partner's Involvement in Process: I am hoping to marry a divorcee living in Israel with custody of her children. She has applied to court in Israel to relocate to Canada - from where she emigrated - with her children, as their father objects to them leaving Israel permanently. Am I likely to become involved in the process, and if so what can I expect?
Yes, you will most probably be asked to meet the clinical psychologist appointed by court to make a report and recommendations about whether relocation would be in the children's welfare. You will probably meet him/her alone, and also with the mother, and the professional may even observe how you and the mother interact with the children. For example, in September 2005, as part of a divorced mother's plea to relocate from Israel to her native UK with her minor children, where she was planning to re-marry, her prospective new-husband met the psychologist appointed by court alone, with the mother and with her and the children. The psychologist reported his impressions, noting that the partner was aware and supportive of the help they may need in adapting to life in the UK, but clearly understood and respected the important role the minors' father had in their lives, and had no intention of imposing on it. The court, which passed judgment authorizing relocation, subject to a detailed plan being permitted concerning the minors' schooling, took all this into consideration.
My husband (from my second marriage) and I want to relocate to Canada with our children and my child from my first marriage, who has been in my custody since we divorced. We are all Moslem Arabs from the 'triangle', my husband has just received a fantastic career opportunity there, my ex-husband refuses to give permission for our mutual child to relocate overseas. What can I do?

Bring legal proceedings against your ex-husband at the family court in Petach Tikva, asking it to grant an order allowing your child from your first marriage to relocate overseas permanently.

You will have to prove that the grounds for your relocation application are legitimate and reasonable, and prove that it is in the child's best interests and is the least detrimental alternative, or least harmful alternative, in the circumstances, given all the options. The court can grant you such an order, and overrule your husband's objections, as part of the legal proceedings, but you will need a clear 'relocation plan' which shows how the father-child relationship can be retained despite the distance, as well as what arrangements are proposed for the minor in terms, of educational, health and social activities etc.

Relocation Refused – Objecting Parent's Spiteful: Can a parent applying for relocation be refused, if it is proved that he/she is only filing out of spite to distance the other parent from the child?
Yes.
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