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Unlawful Child Deportation to Israel

Anat Levi
Anat Levi

This article provides you with information about unlawful child deportation to Israel and what you can do about it. 

child deportation to Israel

What is Considered Unlawful Child Deportation to Israel

Unlawful child deportation to Israel — also called child abduction to Israel — occurs most frequently when one parent or legal guardian takes a child from their permanent residence abroad (“habitual residence”) to Israel without the consent of the other parent or legal guardian who has been practicing their custody rights.  We most often see this happen when parents are separated or divorced, and one of the parents has Israeli citizenship or residency and wishes to take their children to Israel.  

A child is considered deported, abducted, or kidnapped if they are 1) removed from their country of permanent residence in violation of the other parent’s custody rights or 2) retained abroad without the permission of the other parent with custody rights.  We often see cases where a parent will either take their children to Israel without informing the other parent (case 1) or they will leave the country under pretenses of going away for a short time or vacation, but they do not return (case 2). It is important to emphasize that, if a parent has custody rights but has not been implementing them, they will have a harder time making their case in court, although it is the default to return the child.  So, for example, if a father has visitation rights on paper, but is not implementing them, and the mother takes the children to live abroad, and the father wants to file a case, the law may not rule in his favor, although he can still make a case.  

Protections for Parents and Children

The Hague Convention, which Israel has signed, is in place to protect the rights of both children and parents.  It helps ensure that children who are taken from their permanent place of residence and parents with custody rights are all protected, minimizing physical and psychological harm to children in particular.  If your child has been taken to Israel from another country that has signed the convention, the convention will allow legal proceedings to move quickly.  If your child has been taken from Israel, if they have been taken to a country that has also signed the Hague Convention, the process will be able to move quickly.  If they are in a country that is not a signatory of the Hague Convention, it is still possible to take legal action, but the process will be slower.

This Series of Articles

This article is one in a longer series on unlawful child deportation/abduction.  For more information on the topic, see the articles on what legal steps you can take, how to choose a lawyer, Israel’s child abduction laws, an overview of the law and its exceptions, and more. 

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Our law firm has numerous legal specializations, including family law.  Advocate Anat Levi specializes in family law and cases around unlawful child deportation and abduction, and she can help with your legal needs.

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