MOVING CHILDREN OVERSEAS - WHOSE DECISION?
Who is entitled to decide where a child may live will vary, according to the laws of the particular country concerned, but there are general principles that apply in most developed legal systems. The key principle is that decisions about where a child lives, can or should be made jointly by parents, where possible, especially when they would involve an international move, but in the absence of agreement, the court has the authority to decide. It is generally accepted – including in Israeli law - that one parent cannot unilaterally impose his/her preferences where this involves moving abroad, and where the parents have shared guardianship or parental responsibility.
Legal systems in different countries, however, vary about how much say an unmarried or a non-custodial divorced parent has regarding changing a child's residence.