WHAT PRINCIPLES WILL APPLY IN 'HABEAS CORPUS' APPLICATIONS?
The principles applied will be those built up by cases decided by the Supreme Court of Justice which at one time was the only court empowered to hear abduction cases of any kind, and issue Habeas Corpus writs. The original idea was to respond to applications from custodial parents for the return of children who were brought to Israel in breach of their rights of custody determined by a foreign court order, parental agreement or law. The Supreme Court later extended this so that a non-custodial parent whose visitation rights were breached because of the abduction could also bring an action for the return of his/her child.
Where the court has serious doubts about whether there has actually been an unlawful 'abduction' (e.g. whether custody was properly granted ex parte, whether the basic rules for a fair hearing were not adhered to, or whether there was no real discussion), then the Israeli court has a discretion not to order a return, and to hear the custody case.