HOW CAN ABDUCTED MINORS BE RETURNED TO A NON-HAGUE COUNTRY?
In Israel there are two types of applications for the return of children allegedly abducted to Israel which can be made outside of the Hague Convention. The first is the power of a court to issue a writ of 'Habeas Corpus' (a special order for the bringing and release of a person's actual body). The second arises under the Legal Capacity and Guardianship Act 1962 allowing a court with jurisdiction to take any steps – temporary or permanent – to protect a child's interests.
Which court may hear the case?
These two types of non-Hague Convention cases involving child abduction are now heard in the Family Courts, although the High Court of Justice (Supreme Court of Justice) can still issue writs of Habeas Corpus.
In what kinds of circumstances would an abduction case be brought outside of Hague Convention proceedings?
Abduction cases in Israel outside Hague Convention proceedings based on these two powers, can arise in the following circumstances:
- where the child whose return is sought is aged between 16 and 18, irrespective of whether the two countries involved are bound by the Hague Convention or not;
- where the alleged abduction is from a non-Convention country;
- where, for tactical reasons, the parent decides to make the application outside of the Convention, although the other country is a Hague convention country;
- where more than one year has already elapsed since the alleged act of abduction – and proceedings would have been possible under the Convention, but were not started in time;
- where Convention proceedings could be taken but no effective co-operation is anticipated from the other Hague Convention country.