DOES IT MATTER WHICH COUNTRY THE CHILD IS ABDUCTED FROM?
Yes. If that country is not a party to the Hague Convention, then different rules apply. See [4.6].
If the country is bound by the Hague Convention, then the procedure is governed by this. In Israel there are special regulations which deal with the procedure for Hague Convention cases.
HOW IS A CONVENTION APPLICATION MADE RE A CHILD BROUGHT TO ISRAEL?
Any application made under the Convention by or on behalf of a person outside Israel must be addressed to the Ministry of Justice as the Central Authority in Israel.
A parent whose child has been abducted to Israel is entitled to hire independent and private legal representation from experienced child abduction specialists in Israel. Some parents may be eligible for free legal representation by lawyers working for legal aid in Israel
The lawyer representing the 'left-behind' parent will prepare and file the plea for the child's return at the appropriate Family Court. It is vital to file in court early on to increase chances of success in the case, and narrow down opportunities for successful defences. Once filed, a Hague Convention application freezes other proceedings relating to the child e.g. custody that the removing parent' may have already brought in Israel. Filing a Hague plea may stop the child acquiring a new place of habitual residence.