When kids are taken out of Israel without permission, families are left dealing with some of the toughest legal issues around. As an English-speaking law firm that specialises in international family law, Segal Simchauve & Co knows how emotionally draining and legally complicated this time can be for parents.
Hundreds of families confront cases of kidnapped children in Israel every year. The Israeli Central Authority handles a lot of cases like this under the Hague Convention. Knowing the law and what to do right away can make all the difference.
Understanding Child Abduction in Israeli Law
Child abduction happens when one parent takes or keeps a child without permission. In Israel, this is considered both a family law issue and a crime under the country’s penal laws.
The law covers two main situations:
- When a child is taken from their normal home in Israel to another country unfairly.
- When a child is kept abroad longer than planned without the permission of the parent with custody.
Under Israeli law, taking a child without the other parent’s consent usually breaks both civil and criminal rules. Laws like the Prevention of Family Violence Law have specific punishments for people who do this. Still, the main goal is to get the child back safely.
The Hague Convention: Israel’s International Framework
Israel signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction in December 1991. This treaty is based on the idea that children should go back to where they normally live. Israel’s decision to join the convention helped set up a system for resolving these cases.
Data from Israel’s Central Authority shows the country’s return rate for children abducted to Israel was 43% in 1999, a bit lower than the international average of 50%. But by 2002, the numbers had improved.
The Convention covers kids under 16. To apply, the abduction has to have happened after both countries signed on to the treaty. For kids over 16, things work differently. Israeli courts handle these cases through the High Court of Justice using habeas corpus proceedings.
Immediate Steps When Your Child Is Kidnapped From Israel
Once a child’s been missing or withheld for over a year, courts aren’t required to order an immediate return under the Hague Convention. That’s why it’s crucial to act quickly.
Contact the Israeli Central Authority
Getting started means reaching out to Israel’s Central Authority, part of the State Attorney’s Office. Think of this body as a go-between, helping Israeli courts work with authorities from other countries.
The Central Authority helps prepare and send applications to the right foreign authorities and gives information about the legal process.
Engage Private Legal Representation
Working with a private lawyer who specializes in international child abduction cases can make a huge difference in how fast things move. At Segal Simchauve & Co., we team up with the Central Authority to make sure all options are on the table.
Our legal team knows Israeli law and international procedures inside out, so we can offer guidance every step of the way.
Immediate Protective Measures
Several urgent legal steps should be taken immediately:
- Orders to take away a passport to stop the child from being taken to another country
- Orders to help authorities track down where the child is being kept
- Arrangements for regular contact with the child while the case is being decided
- Orders to stop the child from being moved again
Legal Procedures and Timeline
The Hague Convention lays out a process to quickly resolve these cases. Knowing how it works can really help parents get through a confusing time in court.
Application Submission
A left-behind parent files an application with supporting documents like custody orders and details of the abduction. The application has to show that the child was taken or kept without permission. Documentation typically required includes:
- Marriage and divorce papers
- Existing custody arrangements
- Proof that the child usually lives in Israel
- Evidence that the child was taken or kept wrongly
- Details about the child’s current whereabouts
Court Proceedings
Once the papers are filed, the courts in the country where they were filed hold hearings. In Israel, courts that deal with kids who’ve been taken there often wrap up cases in six weeks. The court examines whether:
- The child normally lived in Israel before being taken away
- Taking the child or keeping them somewhere else broke the rules of who gets to take care of them
- The person asking to get the child back did have the right to take care of them when it happened
- Are there any special reasons the child shouldn’t be returned
Enforcement and Return
If the court orders a return, authorities organize a safe trip back to Israel. This includes arranging supervision during travel and making sure the child is okay.
Exceptions to Mandatory Return
The Hague Convention usually requires abducted kids to be sent back quickly, but there are some exceptions. Israeli courts think these exceptions through before deciding to send the kids back home.
Grave Risk of Harm
Courts can block the return if it puts the kid at serious risk of harm. For instance, if there’s a history of domestic violence, the court might think twice about sending the child back. This exception requires solid proof. Courts only consider real risks in the child’s usual home country.
Child’s Objection
Kids who are mature enough can say no to going back. In Israel, courts usually start taking a child’s views seriously from around age 12. The court checks if the child’s decision is truly their own or if the parent who took them has been influencing them. Often, child psychology experts help the court figure this out.
Settlement in a New Environment
If a child has settled in the new country, courts might let their discretion guide the decision. But they use this exception with care, to avoid encouraging people to slow down the process.
Special Considerations for Expats in Israel
Anglo immigrants and expats have a tough time navigating child abduction cases. To deal with these situations, it’s essential to be familiar with Israeli law and the laws of the countries where a child might be taken.
Countries that kids are often taken to from Israel include the US, Canada, and Australia. The thing is, each country puts its own spin on the Convention, which can impact the outcome of a case. Culture and religion can also play a role in cases, especially when it comes to a child’s faith. In deciding what’s best for the child.
Prevention Strategies
There are several legal tools that can help prevent child abductions, including:
Court Orders and Agreements
Custody agreements need to spell out things like travel plans and rules for international trips to stay on the right side of the law. Writing everything down in black and white helps avoid confusion and makes your case stronger.
Stop Exit Orders
Israeli law has ways to stop kids from leaving the country without permission. These orders, when done right, protect kids from being taken away.
One parent can use the Stop Exit Order system to stop the other from taking their child out of Israel. But this system has gotten criticism for possibly keeping families stuck in Israel when they don’t want to be.
International Coordination
Working with international family lawyers who know their stuff helps you develop robust protection plans that cover all the different laws and regulations across countries.
The Role of Segal Simchauve & Co
At Segal Simchauve & Co., we’ve got decades of know-how in Israeli family law, and we’re also experts in international child abduction procedures. Our team can speak both Hebrew and English, so we’re well-equipped to help English-speaking families.
We’ve built strong relationships with many international law firms, so we can handle cases wherever they arise. Our focus is on moving quickly and working closely with the right authorities.
Our services include handling Hague Convention applications and working with overseas lawyers. We also represent clients in court and provide ongoing support.
Taking Action: Your Next Steps
If your child has been abducted from Israel, act fast – time is of the essence. Get in touch with our law firm in Israel at Segal Simchauve & Co.
Our English-speaking lawyers get the tough situations that expat families in Israel face. They’re experts in international law, which is a big deal when it comes to resolving cases. Don’t try to figure out this complicated system by yourself – some professional help can make all the difference.
Contact us today to begin the process of bringing your child home safely.
Frequently Asked Questions
1. What happens when a child is kidnapped from Israel to the United States?
Parents left behind can file applications with Israel’s Central Authority. The US usually turns around return requests within the normal timeframe. Both countries work together closely on enforcement and keeping an eye on child welfare.
2. How does the legal process differ when children are taken from Israel to the UK?
The UK offers legal aid for people under the Hague Convention when they need to go back to their home country. British courts usually handle cases from Israel pretty quickly. To speed things up, officials in England, Scotland, and Northern Ireland work closely with Israeli authorities.
3. Are there special considerations for child abduction cases involving European countries?
European Union countries follow the Hague-Convention and Brussels II-A Regulation. European courts handle war-related risks with care but usually order returns unless there’s proof of real harm.
4. What legal framework applies when children are taken to the Palestinian territories or East Jerusalem?
These cases are tricky because the Palestinian territories aren’t part of the Hague Convention. Israeli family courts might take on cases under domestic jurisdiction. Also the legal immigration status has a major role. Which party has a blue ID or Israeli ID number. What is the current status wity PIBA. What jurisdictions do the Israeli courts have if any etc..
To resolve things, you need specialized legal tactics and international coordination.
5. How quickly must parents act when their child is abducted from Israel internationally?
Time is of the essence, as the court isn’t obligated to order an immediate return after one year under the Hague Convention. Parents should reach out to Israel’s Central Authority right away and get in touch with an experienced lawyer as soon as possible.
