Return Order Cancelled - Bad Faith: I want to bring Hague Convention proceedings against my 'ex' wife who disappeared overnight with our mutual child to Israel, and refuses to return him. We were living in Europe. The only thing that worries me is that I am having some problems in arranging my status there. Could this go against me?
Yes ! For example, in 2004 a father won a Hague Case at Tel Aviv Family Court for the return of their minor son to the U.S.A., where he was born, and where the parents had been living for several years after emmigrating to Israel. The court set financial conditions to be fulfilled. The father failed to meet them. It later transpired that he had left U.S.A. because he could not get permission to remain there – but had not informed his ex-wife or the court. Finally, Tel Aviv District Court ruled on the mother's appeal in May 2006 – over two years after the original ruling. It not only accepted her appeal (even though she had wrongfully removed the child to Israel), but cancelled the finding and gave a heavy costs ruling against the father. It held that he had acted in bad faith, and caused the mother unnecessary legal costs even though he knew it was impossible for him to keep to the conditions set and for the judgment to be realized. At one stage he lost all contact. At another stage he had misled her into agreeing to a deferral of the appeal, saying he hoped to settle his residency problems shortly, therefore allowing him to work and meet the financial conditions.
Abduction To Israel