Child To Be Heard in Native Language - How committed are Israeli courts to making sure a child's views will really be heard in Hague Cases where a professional is appointed, but there may be a language problem?
If one of the parents is prepared to take the case to the highest level, the Supreme Court, then he/she is likely to find an extremely high level of commitment. For example, in August 2007 a Jewish mother and Israeli citizen appealed for the second time against a Hague Return order given by Beersheva Family Court ordering the return of her 8 year old son to his Christian father in Belgium. It criticized the fact that the expert appointed by the family court to observe interaction conducted in French between the father and son, and to make a report/recommendations,had not been a French-speaker. The Supreme Court emphasized that it was vital for the child's voice to be heard, in accordance with Israeli's international commitment to acknowledge and respect the right of a child to have a say in judicial proceedings concerning himself. This could not be done so without the professional understanding French, it held. Furthermore, as well as ordering a further report, before a French speaking expert, and sending the case back to the District Court ( the first-level appeal instance ), it also ordered that the child himself should appear before the panel of judges, unless it was decided by the professional that this would be harmful to the child.
Abduction To Israel