Child Abduction and Relocation Pleas
This article addresses the issue of child abduction and relocation pleas. There are many cases where one parent was born in Israel and the other was not, and the other wishes to take the children and raise them in a different country.
Legally speaking, one is not permitted to move children from one country to another without the consent of all parents with custody. The only way they can do so is if they initiate relocation proceedings (or a relocation plea) and are permitted by the courts to relocate. If one does take the children to another country without legal agreement, the other parent can begin Hague Convention proceedings against the offending parent.
Child Abduction and Relocation Pleas – Types
There are two main types of child abduction recognized in the Hague Convention, to which Israel is a signatory. There is the removal of a child from their habitual residence to a foreign country, and there is also the retention of a child in a foreign country. The first often happens when one parent takes the children out of the country without the permission of the other parent. The second often happens when both parents have agreed to the children leaving the country for a short period, and then one parent decides not to return and to keep the children with them abroad. Both of these cases are considered child abduction.
It is important to note that the Hague Convention protects parents’ custody rights, but if the remaining parent is not implementing their custody rights, and the other parent takes the children abroad, the remaining parent will have a harder time making their case to the courts, because they have not been implementing custody.
Legal Steps to Take
There are steps that are clearly outlined in the Hague Convention and that Israel abides by to expedite the legal proceedings to return children to their habitual residence. We detail this in an article here, but it is important to note that courts encourage taking legal steps quickly for the well being of the child. Additionally, if the country to which your children have been taken has also signed the Hague Convention, the legal procedures are in place for cooperation between the two countries over the issue of abduction. If the country to which your children have been taken has not signed the Hague Convention, the issue is more complex, but it is still possibly to take legal steps to rectify the issue.
This Series of Articles
This article is one in a longer series addressing child abduction. For more information, see our articles on Israeli child abduction laws, how to choose a child abduction lawyer, paperwork needed, and more.
Contact Us
Our law offices specialize in many legal fields, including Israel family law. Advocate Anat Levi specializes in family law and child abduction cases. Please contact us for legal assistance.
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