During a heated row with my wife, I agreed that she could go back to England, where she was born, with the kids, and that I never wanted to see her or them again. After I cooled down, I obviously regretted what I had said, but it was too late, as she had already left for England with the kids. Can I bring Hague Convention proceedings for their return?
Yes, you can, but consent will be a thorny issue, and if proved could lead to the court not ordering the children back to Israel. If you do bring Hague Convention proceedings, your wife will bear the burden of proving that you consented … and that your consent was unequivocal and real. Under the Convention you cannot take back consent once given. If your argument was witnessed by someone, or recorded, you will be in big trouble. Be careful not to admit to consenting in future telephone conversations, which she could record, and try and trap you. Also avoid admitting to consent in any letters or e-mails you may send. All could be used in evidence against you.