When a child is taken by another parent without permission, every second counts. At Segal, Simchauve & Co., we’ve spent years guiding families through these terrible situations. You don’t have to ask if you need help from a lawyer; it’s whether you can afford to wait any longer.
Most international child abductions require action within specific legal windows. Missing these windows could mean your child stays separated from you indefinitely.
Internationally, the numbers are striking: over 2,180 child abduction cases were handled under the Hague Convention in 2021. Our expertise lies in kidnapped children Israel cases and tackling unique challenges that call for specialized attention.
The Hague Convention: Israel’s Legal Framework
Israel joined the 1980 Hague Convention on the Civil Aspects of International Child Abduction back in 1991. This agreement created strong safeguards for kids who are wrongly taken across borders. Knowing how it works helps you figure out when you need a lawyer.
The Convention applies when:
- A child under 16 has been taken from their home without a good reason
- This went against the rules of who gets to take care of the child in their home country
- The child was taken to a different country that also follows the Hague rules (over 100 countries do)
What makes this relevant to you? If your child has been taken from Israel to another country – or the other way around – the Hague Convention is your best bet.
In Israel, the Family Court deals with all cases related to the Hague Convention, and if anyone appeals, it goes to the District Court. Our firm often represents parents who’ve been left behind.
Red Flags That Signal You Need Legal Help Immediately
You don’t have to have all the facts before reaching out to an abduction lawyer. If you have even a suspicion that something’s wrong, it’s better to act fast.
Contact us immediately if you notice:
- Threats or Suspicious Behavior from the Other Parent
- Unusual Preparation or Travel Plans
- Sudden Loss of Contact
- Your Child Is Already Gone
- Weak Custody Documentation
Stats show that the majority of child abductors are moms. It’s just a reflection of how custody is often set up. In a lot of cases, the parent who abducts the child has joint or primary custody, which means the other parent should be able to see the child.
Why Timing Is Everything
The Hague Convention has tight timelines. You’ve got around three months to file your petition. This isn’t a set-in-stone deadline, but waiting too long really hurts your case.
Here’s why we emphasize speed:
The Convention assumes that the longer the child is gone, the more it helps the parent who took them. As the child settles into a new school and daily routine, courts become less likely to intervene. The delay creates a sense of stability, and courts don’t want to disrupt that.
Consider these time frame realities:
- On average, it takes 207 days worldwide to resolve issues.
- More than 4 in 10 return applications end up in appeals.
- Court closures and backlogs in government offices add months to the process.
At Segal, Simchauve & Co., we file as soon as we confirm an abduction. We don’t wait around for all the paperwork to be perfect.
What Happens When You Contact An Abduction Lawyer
As soon as you get in touch, our process begins. We don’t waste any time. Here’s how it works:
Initial Consultation (Within 24 Hours): We collect key details about your child’s case, including their age, where they live, where the other parent is, and any existing custody orders.
Immediate Documentation Review: We take a close look at your custody orders, separation agreements, and any communication that shows the other parent took the kids without your permission.
Central Authority Notification: For international cases, we get in touch with your country’s main government agency that handles Hague Convention cases. We will file your petition right away, which gets things moving quickly.
Legal Strategy Development: We evaluate defenses the parent who took the child might use.
They might say:
- Your kid doesn’t want to go back
- They’re scared they’ll get hurt
- You gave proper consent
- You weren’t using your parental rights at the time
We anticipate and prepare responses to likely objections.
Taking Action: Your First Steps
If you suspect abduction or your child is already missing:
Step 1: Get in touch with the other parent, their family, or friends. Also, reach out to your child’s school. Find out if your child is okay.
Step 2: File a missing person or abduction report with your local police immediately. In Israel, contact the Israeli Police. If your child is abroad, contact Interpol through your local police department.
Step 3: Let your government’s passport office know. Get your child’s name on the watch list. Ask them not to issue a new passport without you agreeing to it.
Step 4: Find the government agency in your country that handles Hague Convention cases. In a lot of countries, it’s part of the State Department or Justice Ministry.
Step 5: Reach out to us or a specialist family law attorney experienced in Hague Convention cases.
Why Choose Segal, Simchauve & Co. for Your Case
Our firm’s been around for over 30 years, dealing with family law issues. We’ve had success with the Hague Convention, getting kids back safely. We know Israeli and international laws inside out, which can give you an edge no one else can offer.
Our team includes:
- Founding partners with extensive experience in family law complexities
- Attorneys skilled in handling custody disputes that cross borders
- Ties with US and international law firms in Europe and other countries
- Close relationships with translators, investigators, and retired judges
We do more than just represent you in court. We put together thorough responses that cover all the bases. Israeli abduction cases can involve multiple countries, so we know how to work across international borders.
Learn more about what makes Israel’s child abduction cases so complex and how we’ve addressed these complexities for families like yours in our article.
The Bottom Line: Act Now
You don’t need to have all the facts or every document in order. And it’s not about waiting for the perfect financial time. Abduction cases are urgent – they’re typically measured in days and weeks.
At Segal, Simchauve & Co., we’ve helped hundreds of families deal with child abduction. We know how emotionally devastating it can be. Our legal law firm is well-versed in the law – Israeli law, international law, and the ways to bring kids back home.
Every minute counts for your child’s return. Get in touch with us today!.
Frequently Asked Questions
Q1: What is the success rate for getting my child back under the Hague Convention?
Globally, about 39 percent of Hague Convention cases get resolved, with 30 percent settled through mutual agreement. However, these numbers vary a lot depending on the country and specific circumstances. Israel’s courts have a solid track record of enforcing the Convention. If you act fast and have clear paperwork showing custody, your chances of success go way up.
Q2: If my child is in Israel, can I force their return even if the other parent claims they want to stay?
The child’s preference matters only when they’re old enough. Courts then need to figure out if the child really wants a certain outcome or if one of the parents is influencing them. In Israel, courts usually don’t let a young child decide to stay there if the other parent didn’t take them legally. The main goal of the Hague-Convention is to go back to how things were before the abduction.
Q3: Can I file a Hague Convention case myself without a lawyer?
Self-representation is allowed, technically. But it’s not a good idea. Hague cases are complex and involve strict rules and international law. One misstep can cost you months or even your entire case. While hiring a lawyer might seem pricey, it’s a lot cheaper than losing your child.
Q4: How long does a typical Hague Convention case take in Israel?
Globally, it usually takes about 207 days to resolve cases, but Israel tends to move faster. That’s because we have special courts for family matters. On average, you’re looking at 4-8 months. But it can take longer if the other parent contests the decision.
Q5: What if the other parent claims they took my child to protect them from abuse?
A “grave risk of harm” defense is the most common way to bypass the mandatory return rule. The other parent needs to show that serious harm would happen if the child is returned. Vague claims aren’t enough to make this work. We put together solid evidence to counter these claims, including character witnesses and expert opinions.
