DO ISRAELI COURTS RESPECT HAGUE TIME-LIMITS?
The Tel Aviv Family Court (Civil Appeal 1360/04 (Tel Aviv District Court- hearing 9th Jan, decision 11th Jan 2005) misapplied the Hague Convention in a plea brought by a British father, represented by our law practice, for the return of his young sons to the UK. The Family Court had ordered that it had a discretion not to order their return if it was satisfied that they had settled in their new environment. However, under the Convention, the court can only consider if they have settled in their new environment if more than a year has passed since the abduction and the start of proceedings. In this case just over 11 months had passed.
The father appealed successfully to the District Court. In January 2005 the District Court ruled that the Family Court had no right to consider whether the children had settled in life in Israel, and banned a report on this from being submitted to the court. This case finally ended a week later in the Family Court with an agreement for the voluntary return of the minors to the UK.