Kidnapping of children in divorce proceedings
Child Abduction in divorce proceedings infringes on parental rights, when the children change residence in another country without the consent of both parties or without a court decision
Divorce proceedings with children often involve a lot of emotions and shaky advice that people get from their friends who “supposedly” know what to do. Then parents find themselves performing wrong actions and saying non-promoting statements even though they know it does not advance them to their goal. Most often, the goal is to complete the divorce process quietly, quickly and, of course at reduced costs.
In unique cases, when one of the spouses is a foreign resident and/or his family lives outside of Israel, and in other cases then it sometimes happens that as a result of pressure or fears “travel to visit the family with the children” and then decide to stay there. This, of course, harms the child, and the other parent, and the possibility that the outcome of the divorce agreement will be to your advantage.
When such a case occurs, one must immediately report to the police (preferably through a family lawyer) and if one parent has a reasonable suspicion that the other parent will act to expel the children from the country one must immediately contact a divorce lawyer. To submit an urgent application for a restraining order for children.
During the last 20 years, in which I have represented and accompanied divorce proceedings with children, I have already dealt with cases of child abduction and attempted child abduction, I understand what you are going through – and I know exactly how to help you.
Preventive actions I take before abducting children:
- I issue a restraining order to leave the country for both children and a parent who intends to abduct them.
- I act directly in front of a referee on duty (yes, also on Friday at 11 pm).
- I issue a restraining order for a parent who is concerned that he will act to expel the children from the country
The actions I take after the abduction of the children:
I accompany the injured parent to file a complaint with the police.
I apply for the return of an abducted minor (in a situation where the children have been abducted to Israel, they apply to a court in Israel).
I apply to the Central Authority for the Return of Abducted Children in the Ministry of Justice in Israel.
The Central Authority for the Return of Abducted Children in the Ministry of Justice is in contact with other central authorities in the world. The Authority coordinates between the various government ministries involved in the field: the Ministry of Foreign Affairs, the Ministry of the Interior, and the welfare authorities, in addition, it coordinates between the Israel Police and the Interpol unit. The authority also deals with the criminal aspect of the abduction of children by their parents.
The Hague Convention on Abducted Children:
The Hague Convention on the Abduction of Children through Their Parents was signed in 1980. The Convention deals with civil legal issues concerning the abduction of children of minors (ages 0-16 years). The Hague Convention was adopted by the State of Israel in 1991 in the 1991 Hague Convention (Return of Abducted Children) Law.
The purpose of the Hague Convention is to legally address the issue of returning children who have been or have not been returned in violation of local law from the country in which they reside permanently and to ensure that they are returned to the country from which they were expelled, as well as guaranteeing custody of both parents.
It is important to note that the Hague Convention is based on mutual relations and relations between the partner countries but addresses only the civil aspect and not the criminal aspect. The Ministry of Justice has, as stated above, an international department that handles cases of child abduction and requests for the return of children and it also handles the criminal aspect. It will be clarified that if there is an exceptional case that relates to the best interests of the child (such as proven neglect or violence experienced by the other parent) there is a possibility that the child will not be returned and all in accordance with the court decision.
How to prevent child abduction?
It is possible to go to court in an expedited procedure (if necessary – an emergency hearing with a judge on duty and a decision on the presence of only one of the parties) and issue a restraining order for children to leave the country without the approval of both parents, who are in a divorce proceeding with children. Therefore, if there is a risk of your child being abducted, you should immediately contact a family lawyer who is an expert and experienced in child abduction.
