'Abduction' Where Family Travel Continuously: My husband and I left Israel to travel the world, with no time restrictions. Our children were even born abroad, but we remained tourists wherever we were, with no intention of settling anywhere. I told him that I was tired of traveling and wanted to return home (he had promised me that we would do so whenever I wanted). He agreed to me coming back with the children on a short visit, but now I don't want to leave. My husband is still in Australia, where we were living for a couple of months. After traveling in the Far East, my husband talked about settling there but we never actually made any application to this effect; it was merely his dream. Am I legally entitled to stay in Israel?
Yes, it would appear so. Determining your children's place of habitual residence is difficult but if you have been traveling continuously without acquiring residency permits in any country, it would not appear that there is a mutual intention to change your and your children's country of habitual residence from Israel, even if they were born abroad. While Australia, like Israel, is bound by the Hague Convention, it is unlikely that a plea for the children's return would be processed by the Central Authority there.
Abduction To Israel