Relocation After Abduction

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The principles which apply to relocation abroad after an abduction to Israel - and the subsequent return of a child - follow the same pattern as the principles which apply to abduction and relocation generally.
Yes. The situation being considered here is of a child who was originally living in Israel with parents who had been married but now divorced, the mother then unlawfully abducts the child to her country of origin, the Israeli father applies for an immediate return under the Hague Convention, the foreign court makes an order for the immediate return of the child under the Hague Convention, the mother returns the child to Israel, then the mother applies in the Israeli Family Court for a relocation order to allow her to lawfully move the child back to her home country.

In this case, the Israeli court will deal with the mother’s application according to the ordinary principles relating to applications about children which come before the courts. The case will be treated as a relocation application, to which the usual legal principles for relocation cases apply, and the decision will be based on the welfare of the child.

The difference is that the court might be more suspicious of the mother’s good faith, for example is honoring any orders for access for the father, and may demand suitable financial guarantees. However, in a case of a younger child, where the welfare reports point to the welfare of the child being cared for by its mother, the Israeli court will grant custody and permission to relocate, if that is the right decision on the merits of the case according to the child’s best interests.
Yes, of course the other parent may object, by filing written defence pleadings, but the general principles which apply in children’s cases will operate, and the court may decide in the end that the parent who abducted the child should now be given custody and lawfully allowed to relocate the child abroad.

In November 2004 (Family File 44262/04) an English mother represented by this legal practice was granted permission by Tel Aviv Family Court to relocate with her three year old child, who had been returned to Israel from the UK under Hague Convention proceedings. Where a minor is under 6, even if the mother has been returned to Israel with the child under Hague Convention proceedings previously, he/she will still have an advantage regarding custody and relocation in Israel, providing she has been the primary carer and is the preferred custodian.
No! Even if the children have been returned to Israel under the Hague Convention, in child abduction proceedings, they have a legal right to file, independently, as separate legal personalities, to relocate overseas, in your custody, and you can also file for their relocation.

The court can grant a relocation order even though there were child abduction proceedings overeas , if it considers that this to be in the children's best interests, after all the evidence in the Israeli relocation proceedings has been heard/considered and the summation stage completed . Clearly, to be successful, you will have to overcome the stigma of the 'abduction' and any court-appointed expert who recommends relocation will have to stand up well to cross examination in court.
Our legal practice has successfully represented mothers in relocation proceedings, after they returned to Israel with minor children, pursuant to Hague Orders.
Yes, if the Israeli Family Court hearing the case is satisfied that this would be in the child's best interests after all.
No, there have been a number of cases in Israel in the last few years where mothers of young children who have been returned under the Convention, have fought custody and relocation cases to European countries, and won them, after having earlier returned to Israel following Hague Cases. They will get a fair hearing, and the child's best interests, as perceived by the court, will be the overriding factor deciding the case. A court may be sceptical about the parent's good faith – regarding honouring future visitation if allowed to leave Israel with the child, especially in the absence of substantial financial guarantees. Where real bias against a party is suspected, the option of asking for the judge to disqualify him/herself is always open.