Child Abduction

Child Abduction: Background

Child abduction is one of the most difficult situations a parent can experience. It occurs when one parent takes the children to a foreign country without the other parent’s consent. Child abduction usually happens during divorce proceedings, when the parties are in a custody dispute, and it requires an immediate response to ensure the child’s return.

What is Child Abduction?

According to the law, taking a child from their permanent place of residence without the consent of both parents is considered abduction. This act of taking the child abroad unilaterally harms the child first and foremost, as their daily routine is suddenly disrupted. It also violates the other parent’s right to custody of the child.

It should be emphasized that even failing to return a child as required by law after leaving the country for a limited period with consent is considered abduction. For example, if the other parent has consented to travel to another country for a vacation or to visit family, but the parent does not return with the child to Israel. Of course, this does not refer to a delay of a few hours or days due to a legitimate reason, but rather to leaving the child abroad with no intention of returning.

Child abduction usually occurs during a divorce dispute between the parents and is unfortunately used in many cases as a tactic by the abducting parent to achieve their desired outcome.

The Hague Convention

Child abduction is a global phenomenon, which is why the Convention on the Civil Aspects of International Child Abduction was signed in 1980. Its purpose is to ensure the return of abducted children to their country of origin. Many countries have signed this convention, including Israel, and each country is obligated to assist other member states in returning abducted children to their country of permanent residence.

It is important to note that the convention includes cases in which the child will not be returned to their country of origin, such as when it is proven that the child has acclimated to the new country and that returning them to their country of origin would cause further harm. Therefore, it is of utmost importance to seek legal representation immediately, in order to prevent such a situation and, certainly, to avoid creating the impression that the parent in Israel has given up custody of the child due to procrastination.

Seeking Legal Representation

Upon discovering the abduction, it is essential to immediately contact a lawyer specializing in family law and with experience in child abduction cases. The lawyer will develop a suitable legal strategy based on the circumstances of the case and will work to ensure the child’s return to Israel.

As a rule, this is done in one of two ways:

Contacting the relevant authority in Israel that deals with this issue, which will then contact the corresponding authority in the country where the child is located.

Alternatively, a local lawyer can be located in that country who will file a petition with the court requesting the child’s return to Israel.

It should be emphasized that any delay in filing a request for the child’s return, through any channel, can harm the chances of their return, which is why it is so important not to delay seeking legal representation.

I hope this translation is helpful. Please let me know if you have any other questions.

Here are some additional resources about child abduction:

The Hague Convention on the Civil Aspects of International Child Abduction: <כתובת URL לא תקינה שהוסרה>

The International Center for Missing and Exploited Children: https://www.missingkids.org/home

The National Center for Missing and Exploited Children: https://www.missingkids.org/home

If you believe your child has been abducted, please contact your local law enforcement agency immediately.

Hague Convention Member Countries

Israel has Hague Convention agreements with 76 countries on six continents. This creates a solid legal framework to handle international child abduction & kidnapping cases. Knowing if the country, in your case, is a Convention member is key. It helps you understand the legal remedies and timelines that apply.

Convention Countries by Geographic Region

EUROPE

Andorra – Austria – Belarus – Belgium – Bosnia and Herzegovina – Croatia – Cyprus – Czech Republic – Denmark – Estonia – Finland – France – Georgia – Germany – Greece – Hungary – Iceland – Ireland – Italy – Latvia – Lithuania – Luxembourg – Macedonia – Malta – Moldova – Monaco – Netherlands – Norway – Poland – Portugal – Romania – Russia – Serbia and Montenegro – Slovakia – Slovenia – Spain – Sweden – Switzerland – Turkey – Turkmenistan – Ukraine – United Kingdom – Uzbekistan

THE AMERICAS

Argentina – The Bahamas – Belize – Brazil – Canada – Cayman Islands – Chile – Colombia – Ecuador – Honduras – Mexico – Nicaragua – Panama – Paraguay – Peru – United States of America – Uruguay – Venezuela

ASIA & PACIFIC

Australia – China (Hong Kong & Macau) – Fiji – Israel – Japan – New Zealand – Singapore

AFRICA (6 Countries)

Burkina Faso – Gabon – Mauritius – Morocco – South Africa – Zimbabwe

CARIBBEAN & TERRITORIES

Falkland Islands – St Kitts and Nevis

What This Means for Your Case

If children kidnapped in Israel are found in any Hague Convention member country, the Hague Convention rules apply. This means there are quick court procedures to help return the child to their home. Our child abduction lawyer team has experience navigating Convention proceedings across multiple jurisdictions.​

For countries not listed above, the Convention’s expedited return procedures do not apply. Cases with non-Convention countries need remedies under local laws where the child is. This usually means longer timelines and more complex processes. However, our child abduction legal services include strategic representation in non-Convention cases as well.​

Important Note: The list of Convention countries continues to evolve as new countries ratify the treaty. Israel must formally accept each country’s accession for the Convention to apply bilaterally. If you’re unsure if the Hague Convention applies to you, contact us right away for help.

Frequently Asked Questions

What is considered child abduction under Israeli law?

Under Israeli law, child abduction happens when one parent takes a child from their home to another country. This occurs without the other parent’s consent, who has custody or guardianship rights. It also includes wrongful retention. This happens when a parent is allowed to take a child abroad for a short time but then refuses to bring the child back. This shows they plan to keep the child abroad permanently.

How quickly should I act if my child has been abducted?

You must act immediately upon discovering the abduction. Every day of delay can strengthen the abducting parent’s position and weaken your case under the Hague Convention. Contact a child abduction lawyer right away to assess your situation and begin urgent legal proceedings. If Hague Convention proceedings start within one year of wrongful removal, courts must order an immediate return. However, this is only if no defense applies.

What is the role of the Hague Convention in child abduction cases?

The Hague Convention on International Child Abduction works to quickly bring abducted children back to their home country. The Hague Convention helps Israeli authorities team up with other member countries. This way, they can speed up court processes to return children quickly. The Convention applies when both the country from which the child was taken and the country to which the child was brought are signatories.​

Are there exceptions where a child will not be returned under the Hague Convention?

Yes, the Hague Convention includes limited exceptions to the return obligation. Courts can deny a return order if there’s strong evidence showing that the child could face serious physical or emotional harm. They may also refuse if the requesting parent did not have custody rights, agreed to the removal, or if the child has settled in the new place for over a year. Israeli courts interpret these exceptions restrictively.​

What are the two main ways to pursue a child’s return to Israel?

There are two main ways to handle child abduction & kidnapping cases in Israel. First, reach out to the Israeli Central Authority in the Ministry of Justice. They will work with the authorities in the country where the child is. Next, team up with a local lawyer in the country where the child is. File a petition with that country’s courts to request the child’s return under the Hague Convention. A child abduction lawyer can help determine the most effective strategy for your specific situation.​

Does the Hague Convention apply to all countries?

No, the Hague Convention only applies between countries that are signatories to the treaty. Israel has Convention agreements with over 100 countries worldwide. If children kidnapped in Israel are found in a non-Convention country, the legal process gets trickier. You must use that country’s regular domestic law instead of the faster Convention procedures.

Can a parent with visitation rights file for a child’s return under the Hague Convention?

Yes, even parents with visitation rights rather than full custody can bring legal action for a child’s return if the abduction infringes on those visitation rights. Under Israeli law, both parents remain joint legal guardians even after divorce, even if one parent has custody. The Hague Convention is very effective in securing children’s return when visitation rights are infringed because of child abduction.​

What is the Israeli Central Authority, and how can it help?

The Israeli Central Authority is part of the Ministry of Justice. It works in the Office of the State Attorney, specifically in the Department of International Affairs. This authority manages Hague Convention applications. They facilitate communication between countries, help locate abducted children, coordinate voluntary returns when possible, and provide information about legal proceedings. They don’t represent either party. Instead, they act as a neutral link to ensure the Convention is implemented effectively. You can contact them at +972-73-392-8261/2 or ICA@justice.gov.il.​

Act quickly if your child is at risk. Don’t wait!

Contact Segal Simchauve and Co. now for an urgent consultation to prevent abduction or secure your child’s immediate return. Our expert lawyers will take swift action to protect your rights as a parent and ensure your child’s safety under Israeli law and the Hague Convention.