While traditionally, relocation cases were regarded as difficult, especially where the children concerned were Jewish, as Israel was regarded as the 'promised land' and preferred place for Jews, following a precedent-setting case – (Anonymous v Anonymous 45785/00 Application for Leave for a Civil Appeal) - it has become easier to succeed. This case held that the overall picture should be examined, with the child's welfare at the centre: was relocation in the child's welfare, or not? Three options normally exist – a) to relocate with the applying parent, b) to remain in Israel in that parent's custody, and c), to remain in Israel, in the custody of the non-applying parent. The court should choose the option which is preferable from the point of view of the 'child's welfare'.
The precedent stressed that great importance is to be attached to the recommendations of the professionals who are neutral and best qualified to assess the child's welfare. Unless there is substantially weighty evidence to the contrary, their recommendations should be accepted by the court.
Furthermore, this precedent represents a major development in holding that where the child in question was under 6, the latest psychological research showed that it is generally in his/her best interests to remain with the mother, even if that involved his/her relocation abroad. The implication is that where the mother has been a child's primary carer since birth, and the minor is under 6, she has a good chance of succeeding in a custody and relocation case which she files against the father.
This landmark case was used to justify a decision by Tel Aviv Family Court (Family File 44262/04) in November 2004 to allow an English mother to relocate abroad with her 3 year old daughter, who had been returned to Israel under the Hague Convention, after being wrongfully retained in the UK, in the case of Re B 2003. The court held that it would be better for the child to be with the mother in the UK than with the father in Israel. It ruled out the possibility that the non-Jewish mother, who only had tourist status following her divorce from the child's Jewish, Israeli father, could remain in Israel, where she had no status and no legal ability to work, and away from her 3 other children from previous marriages. The court accepted reports showing that the mother was the preferred custodian, and permitted the minor's relocation to the UK.