Arbitration Abroad - Abduction: Could an arbitration agreement abroad that receives court authorization and allows a parent to relocate to Israel with a minor, and keeps jurisdiction over future child disputes in the hands of the arbitrators, prevent the non-custodial parent using the Hague Convention if the relocating parent fails to honour the agreement?
Possibly, though it depends what the non-custodial parent files for. In November 2005 Tel Aviv Family Court rejected a plea for a Hague Order for the return of a minor to Canada, after the mother failed to allow the minor to visit the father abroad, against a background of recently-discovered alleged sexual abuse. The mother had obtained a temporary order from the Israeli court preventing the minor from leaving Israel. The court held that the father had been wrong to file for a return order as there had been no wrongful removal – the minor had left Canada for Israel as part of a court-authorised arbitration agreement which gave the arbitrators abroad continuing jurisdiction over future child custody/visitation disputes. It did mention that it may have considered an application under article 21 for the enforcement of visitation rights, but the father had not opted for this course of action.
Abduction To Israel