Child abduction and relocation cases in Israel can be really tough, emotionally and legally. At Segal Simchauve and Co., our international law firm has hands-on experience handling these cases. We aim to help Israeli Arab families in the US. Our goal is to balance what’s best for the kids and parents.
What Does “Child Abduction” Mean Under Israeli Law?
Child abduction in Israel covers any situation where a child is taken to or kept in a foreign country without the other parent or guardian’s permission. This includes both removal and retention situations:
- Removal: This happens when one parent takes the child out of the country without the other’s permission
- Retention: The parents agree to a trip together, but when it’s time to come back, one of them refuses to return the child.
Key takeaway: Moving your kid out of Israel, or keeping them from returning, is considered a form of civil child abduction.
The Role Of The Hague Convention
Israel is a signatory to the 1980 Hague Convention on International Child Abduction. This means:
- The legal system aims to quickly return children kidnapped in Israel to the country where they usually live.
- Israeli courts are known worldwide for following Hague Convention rules to the letter.
We regularly use these international frameworks. We work hand in hand with authorities in Israel and other countries, especially the US.
Common Scenarios We See
Here are the most typical cases Segal Simchauve and Co. handles:
- Relocating with the Kids After Divorce: A US-based parent wants to move with the child, but the parent in Israel isn’t on board.
- Parents with Different Passports: One parent is Israeli, the other isn’t, and the non-Israeli wants to take the kid abroad.
- Parental Alienation Battles: When one parent makes a solo move, it can set off a chain reaction of lawsuits and custody fights.
Key takeaway: If you’re moving a child to another country, you’ll need a court’s permission or the agreement of both parents.
What’s A “Stop Exit Order”?
Israeli parents can ask the court for a “Stop Exit Order” – and once that happens, the child can’t leave the country without the other parent’s approval. This order can sometimes be issued within hours. And getting it reversed is no easy feat, which is why some families find themselves stuck in Israel for years.
Key takeaway: If abduction is a concern, expect courts to severely restrict international travel.
Legal Procedures: What Happens Step By Step?
If you think your child might be taken from Israel, or you want to move with your child, here are the steps you should take:
- Court Application: To make any big changes, even just temporarily, you’ll need to file an application and get a judge’s approval.
- Evidence Preparation: Gather documents that highlight both parents’ views, their living situations, family connections, and what’s best for the child.
- Mediation Option: A lot of courts prefer that you try mediation before going to court.
- Judge’s Ruling: If mediation doesn’t work out, the court will review the evidence and make an official decision.
- Hague Convention Actions: If a child is taken out of the country without permission, we can quickly file a case under the Hague Convention.
Key takeaway: Going through the process can take a while. This is why it’s crucial to get professional help from a child abduction lawyer.
How We Protect Families at Segal Simchauve and Co.
Our international law firm works with clients worldwide on complicated family law cases. For Israeli Arabs living in the US, we help with:
- We provide consultations on Israeli and American law, spelling out your rights and the way forward.
- Our approach involves handling the paperwork and representing you in court.
- We also connect families with useful resources like mediation and local authorities.
- Plus, we work with US-based lawyers to cover all angles of your case.
Key takeaway: We tackle every case with practical prioritizing of kids’ well-being and bringing families together.
When Are Relocation Requests Granted?
Courts weigh several factors:
- Child’s overall well-being
- How close each parent is to the child
- School and neighborhood
- If both parents agree
- How the move could affect the child
Whether or not people agree depends a lot on the benefits and safety measures in place for the child.
In a Nutshell
Dealing with child abduction and relocation in Israel can be tough, but at Segal Simchauve and Co., we’re dedicated to helping families. If you’re worried about a loved one or have questions about kids being taken in Israel, our team is here to offer support and practical legal advice.
Take a minute to visit our website or get in touch with us straight away to protect your family’s wellbeing and rights.
Frequently Asked Questions
1. What is considered “child abduction” in Israeli law?
Taking a child abroad without the other parent’s full consent is child abduction, even if the parent’s heart is in the right place.
2. Can a parent stop a child from traveling abroad?
Yes, a Stop Exit Order can prevent all travel, not just permanent relocation, and is sometimes issued within hours.
3. What can I do if my child was abducted to Israel?
Contact Segal Simchauve and Co. immediately. We’ll initiate Hague Convention proceedings and coordinate with local authorities.
4. How long can Stop Exit Orders last?
They can remain in force for years, and reversing them demands substantial legal action.
5. Can I relocate my child to the US from Israel?
Only if both parents agree, or a judge authorizes it after a formal relocation request and review of your family’s situation.
