CAN ACCESS BE OBTAINED WHERE ABDUCTION IS ‘NON-HAGUE’?
Yes - this section deals with the obtaining access where it is denied by a parent who has abducted the child to a non-Hague Convention country. In these circumstances the following principles are relevant:
As the Hague Convention does not apply a parent who is denied access should apply under the ordinary law applied by the courts of the country where the child is now living.
If the abducting parent has broken an access order, then the local courts may have the power to impose a penalty on that parent. Where there was a financial guarantee written into a previous access agreement which had received court authorization, then the court may enforce that guarantee against the abducting parent. However, the actual question of access to the child will in most Western countries be dealt with according to the overriding principle of the child's welfare.
In Israeli law (and in other countries, such as the UK and European countries) a child has a constitutional right to know both his parents and to have an ongoing meaningful relationship with them, even if the parents live apart. This right will be enforced by the courts, and in Israel and the UK if the custodial parent consistently denies access to the other parent, the latter can file for custody and the court may transfer it.
As the Hague Convention does not apply a parent who is denied access should apply under the ordinary law applied by the courts of the country where the child is now living.
If the abducting parent has broken an access order, then the local courts may have the power to impose a penalty on that parent. Where there was a financial guarantee written into a previous access agreement which had received court authorization, then the court may enforce that guarantee against the abducting parent. However, the actual question of access to the child will in most Western countries be dealt with according to the overriding principle of the child's welfare.
In Israeli law (and in other countries, such as the UK and European countries) a child has a constitutional right to know both his parents and to have an ongoing meaningful relationship with them, even if the parents live apart. This right will be enforced by the courts, and in Israel and the UK if the custodial parent consistently denies access to the other parent, the latter can file for custody and the court may transfer it.
Access