Kidnapping - The Hague
Child abduction - The Hague Convention
Why Do Parents Kidnap Their Children?
Sometimes, parents facing divorce and custody battles take their child out of the country to avoid losing custody or paying child support. However, one parent cannot unilaterally decide to relocate a child internationally without the other parent’s consent. Parental kidnapping is a serious offense and must be addressed immediately.
Role of the Hague Convention
When dealing with the distressing issue of child abduction across international boundaries, Israel’s membership in the 1980 Hague Convention offers a structured way to address these complex situations. The Hague Convention applies when children under 16 are wrongfully taken or kept from their habitual residence, allowing the left-behind parent to seek their swift return. A critical aspect of the Hague Abduction Convention to note is that it defines a “child” as an individual under the age of 16, which is younger than the age of adulthood in some countries, such as the US. Even if the kidnapping occurred before the child turned 16, the Convention no longer applies once the child turns 16, and other legal remedies must be sought.
If Your Child is Kidnapped to Israel
Because Israel is a signatory to the Hague Convention, parents from other member countries can seek the return of a wrongfully removed child. If your child has been taken to Israel, take these steps promptly:
- Retain legal counsel in Israel: An experienced lawyer can file your case with the proper authorities, ensuring the best chance of getting your child returned.
- Report the incident to your country’s Central Authority for Hague cases: File a Hague complaint with the US State Department or your home country’s relevant authority.
Timeframes and Legal Procedures
Timing is critical in Hague Convention cases. Ideally, you should start legal action within three months of your child’s wrongful removal or retention. In Israel, the Family Court arranges an urgent preliminary hearing within fifteen days, followed by a thorough evidentiary hearing, aiming for a final verdict within six weeks. The chances of reaching a successful conclusion in your case begin to decrease significantly after three to six months. This is because Hague courts tend to view your extended period of inaction as an indication that you implicitly agreed to the child living in the other country.
How Does The Court Determine If A Child Has Been Kidnapped?
In Hague cases, the court examines various factors to determine if a child has been wrongfully removed. These include:
- The last agreed-upon residence location for the child.
- The child’s permanent residence.
- The rights protected by the Convention.
- Grounds for claiming wrongful removal or retention.
- The existence of a valid custody order.
- Any breach of one parent’s custody rights.
Hague court proceedings are civil, not criminal. The court aims to return your kidnapped child to you, without legal consequences for the other parent beyond potentially relinquishing custody.
Exceptions to Return
There are specific exceptions to the return of a child under the Hague Convention. Article 13 outlines scenarios like when the remaining parent did not exercise custody rights, consented to the child’s relocation, or if returning the child poses a significant risk.
Custody and Divorce Considerations
A Hague Convention decision addresses jurisdiction, not custody or divorce matters. While it may influence future custody decisions, its main goal is to establish the appropriate legal jurisdiction based on the child’s best interests.
Gathering Compelling Evidence
In these cases, evidence is key. Given the fast pace of proceedings, timely submission of documentation like visa records, medical documents, correspondence, and financial records is crucial to support your claims.
Hague case challenges for non-Hebrew speakers
Filing a Hague case in Israel can be challenging if you do not speak Hebrew. Court proceedings are conducted in Hebrew, which can be a disadvantage. It is crucial to have a lawyer and interpreters who are fluent in English. A native English-speaking lawyer will clearly explain the process and address your questions. Additionally, all documents submitted to the court must be professionally translated into Hebrew. High-quality translation ensures your records and testimony are accurately conveyed, preventing misunderstandings. Hait Family Law has extensive experience helping non-Hebrew-speaking families navigate Hague cases, providing the legal assistance you need.
Can You Legally Relocate with Your Children After Divorce?
Many individuals, especially women, come to Israel to marry. If the marriage ends in divorce, you might lack support and miss your family. If you wish to move to another country, perhaps with a new spouse, you might wonder when it is legal to take your children with you.
If you’re considering moving to another country after a divorce, especially with your children, it’s essential to understand the legal requirements. Israeli law permits this move under specific circumstances, but you must obtain court approval first. Moving without authorization can have severe legal consequences.
When deciding on such a move, the court will evaluate factors like:
- Your economic status
- Current and proposed living situations
- The impact on your child
- The wishes of the other parent
- The child’s wishes, if they are old enough
If you’re contemplating this step, our legal team can guide you through the process, ensuring you adhere to all legal requirements.
Get legal guidance
While the Hague Convention offers a systematic approach to international child abduction cases involving Israel, handling the complexities with care is essential. Prompt legal action, thorough documentation, and expert legal advice from Hait Family Law Offices can significantly improve your chances of reuniting with your child.
Navigating the Hague Convention’s complexities requires skilled legal help. Challenges may arise, but with determination and proficient legal assistance, you can work towards reuniting with your child. For expert legal advice and support, contact Hait Law Offices.
If you’re facing child abduction issues in Israel, Hait Family Law Office can provide comprehensive legal guidance.
Contact Hait Family Law For expert legal advice.
For expert legal advice and support on child abduction and kidnapping, contact Hait Family Law.
Time is of the essence in these situations, so do not hesitate to reach out.
Contact us today to schedule a call to find out how we can assist you.