International child abduction is a sad reality for many families each year. If your child is taken unlawfully to another country, knowing about the Hague Convention can be your best tool to bring them home. At Segal, Simchauve & Co., we help many families with this tough process. We want to show you how this global pact can assist you.
The Hague Convention on International Child Abduction has protected children since 1980. The agreement aims to ensure the quick return of children taken without permission from their homes. Many parents don’t realize that the Convention works best when they understand its rules, deadlines, and key exceptions.
In this guide, we will explore when the Hague Convention can help bring your child home. We’ll cover the necessary requirements and the expected success rates.
What Is The Hague Convention?
The Hague Convention is a multilateral treaty that was adopted by the Hague Conference on Private International Law in 1980. The treaty is signed by 103 countries as of 2024. This makes it one of the largest international agreements to protect children.
The necessity for the Convention arose from the issue of international child custody disputes. When one parent takes a child to another country without the other parent’s consent, the treaty offers a straightforward legal way to return the child.
The Convention’s primary objectives include:
- -Quickly bringing back a child who has been taken wrongfully
- Making sure that custody and access rights are properly followed, even after crossing borders
- Safeguarding children against the negative impact of being taken away internationally
- Stopping parents from using the board to get illegal advantages through a wrongful removal
The treaty works on a simple idea: if both nations are part of the Convention, they must send the child back to where he or she normally lives. The local court will then settle the custody issues.
When Does The Hague-Convention Apply?
Not every international custody dispute triggers the Hague Convention. Understanding when it applies is crucial for your case.
The Convention applies when:
If a child under 16 is taken to a country with a signed agreement by one parent, the other parent may still have custody or access rights.
The removal is against the rights, and the child had been habitually resident in the original country directly before the removal.
Each of the two countries concerned in your situation has ratified the Hague Convention.
Major Limitation: The agreement is effective only among the countries that have agreed to it. If a country has yet to ratify the treaty, the Convention is not applicable there. For example, although Israel is a signatory, not all countries operate under the same legal framework. That is the reason why we stress the importance of having an international legal expert.
What Doesn’t Qualify
More specifically, the Convention does not cover situations of custody that were already in court or custody that was agreed upon through official legal proceedings where the child’s removal was done with consent. Moreover, the Convention is silent on adoption-related issues as it’s only concerned with parental abduction.
The Timeline: How Long Does A Hague Convention Case Take?
One of the most critical advantages of the Hague Convention is its emphasis on speed and urgency. However, real-world timelines tell a more nuanced story.
Expected timeline breakdown:
| Phase | Typical Duration | Notes |
| Initial application filing | 1-2 weeks | Varies by jurisdiction |
| Central Authority coordination | 2-4 weeks | Countries communicate and locate child |
| Preliminary court hearings | 4-8 weeks | Establishing if Convention applies |
| Main court proceedings | 4-12 weeks | Presenting evidence and arguments |
| Total average | Approximately 207 days | About 7 months, but can vary significantly |
The Convention requires courts to hear these cases first and that decisions be made quickly. Nevertheless, the average of 207 days for a decision is what can be understood from the delays of courts worldwide and the intricacy of the cases.
Your takeaway from this situation: A speedy resolution is not to be anticipated; however, systematic progress is to be expected. The Convention has clear rules for when cases are set aside. In contrast, regular international disputes can take years with little progress.
Critical Conditions For Successful Return
The Hague Convention isn’t automatic. Several conditions must align for your case to succeed.
Habitual Residence Requirement
Children need to have been living in the original country for some time right before they were taken out. This is not something decided by nationality but rather by the place where the child was physically living and had their life.
Courts examine factors like:
- The duration of the child’s life in the country
- The place where they went to school
- The place where they had family connections and social ties
- The intention of the family to stay there
Rights of Custody or Access
You should have had custody or access rights according to the laws of the country where the child was habitually living. Such rights may be:
- Fixed by a court decision
- Specified by marriage and family law (automatic parental rights)
- Became a part of a separation agreement
- Be held under customary law
Essentially, you do not have to be in possession of a formal custody order. In many jurisdictions, including Israeli law, it is assumed that both parents have joint custody rights. If the other parent takes the child without your permission, they have infringed your custody rights.
Wrongful Removal or Retention
The taking must be wrongful. It should violate your custody rights. It must occur without your consent and without legal reason.
If both parents agreed that the child would visit abroad, but the child isn’t returned on the agreed date, it becomes retention under the Convention.
The Major Exceptions: When The Hague Convention Doesn’t Require Return
This is the point at which the Convention gets quite complex. The courts may refuse to return a child in specific situations. These exceptions greatly impact the outcomes in practice.
Exception 1: Grave Risk of Harm
The exception to be most frequently referred to is Article 13(1)(b): a child is not required to be returned if there is a serious risk that the child will be exposed to physical or psychological harm or placed in an unbearable situation as a result of the return.
Such an exception is most often invoked in situations of domestic violence, abuse, and severe family disputes. The courts set a very high standard; they ask for clear, substantial evidence of actual harm rather than possibilities of harm.
Exception 2: Child’s Objection
In case the kid is old enough and mature, then he/she has the right to be against the return. Courts do not decide by a strict age boundary; rather, they look at whether the kid is able to make a real and independent choice.
Kids aged 12 and older usually make good objections. But younger kids can also be heard if they show enough maturity.
Exception 3: Passage of Time
If a lot of time has passed since the removal, and the child is stable in their new home, the courts may deny the return.
This exception is hardly ever invoked by itself, but it can be a deciding factor in conjunction with other situations.
Exception 4: Not Rights-Based Removal
The Convention is relevant only in cases where the removal of a child contravenes the rights of custody or access that are established. When both parents have equal rights and no formal custody agreement exists, the rule doesn’t strictly apply. However, courts still carefully review these cases.
Typical Legal Costs For Hague Convention Cases In Israel
It is advisable to have a rough idea of the cost when you plan to initiate a case under the Hague Convention. Legal fees in Israel for an average case of this nature are usually between 30,000 ILS and 200,000 ILS. The final amount depends on what the case is, to what extent international coordination is needed, and how many times the court will be heard. A foreign attorney’s help and a quick hearing for an urgent motion can cost over 200,000 ILS.
At Segal, Simchauve & Co., Costs are clearly organized. You’ll find detailed explanations of expected expenses and the various stages of representation. Every family is unique and has its own needs. Clients will get a workable plan tailored to fit their legal and financial situation.
How We Help: Segal, Simchauve & Co’s Approach To Hague Convention Cases
We have effectively resolved many Hague Convention cases. This helps parents in Israel bring their kids back from around the world. Our method is a mix of profound knowledge of Israeli law and wide connections in the field of international law.
Here’s how we work:
Firstly,we conduct a thorough examination of the case. We decide if the Convention is relevant, consider your rights under both Israeli and foreign law, and create a detailed plan of action.
We work closely with law firms abroad in the U.S., Europe, and other places. Through our network, your case gets the proper attention in foreign courts and central authorities.
We get everything ready and in order. We collect records that show the habitual residence and custody rights. If needed, we also prepare a defense against any exceptions.
We deal with the central authority procedures. We talk to the right government Central Authority in the foreign country. This helps us coordinate well and handle things quickly.
If your case involves questions about the other parent facing criminal charges or immigration issues, we provide combined guidance in criminal and family law. This tough situation matters a lot for Israeli families facing cross-border issues. We explain what makes Israel child abduction cases so complex in our detailed article.
Hague Convention Cases Involving Domestic Violence
Domestic violence claims are one of the toughest challenges in the Hague Convention practice. The treaty’s structure doesn’t cut ties with abuse cases. Instead, judges must balance child safety with the usual rule of return from the Convention.
Key considerations:
If you stayed with the child and the other parent claims you endangered them, we’ll collect proof of your parenting. This includes your bond with the child and the safety measures you have in place to ensure their protection.
If you’re concerned about the child’s safety with the other parent, we take that seriously. We’ll note it and submit the serious risk exception through the proper legal channels.
The complexity of this situation is very significant. Courts demand solid proof, not just general worries about parental conflicts. Expert witnesses, medical records, police reports, and custody decisions are key pieces of evidence.
What If The Other Country Hasn’t Signed The Hague Convention?
In case a child was taken to a country that is not a party to the Convention, the whole procedure will be dramatically more complicated.
When there are no safety measures of the Convention, one has to obtain custody via the usual domestic family law procedures of that country. The steps you will have to take are:
- Find a local lawyer who understands the law of that place.
- Maybe I have to go through a court hearing about full custody in order to be allowed to go back.
- This process is substantially slower and more expensive than conventional procedures. It’s one reason why preventive planning matters for families with international mobility.
Even if your destination country hasn’t signed the Convention, we can help. We work with partner firms globally to pursue custody recovery through applicable local law.
The Role Of The Central Authority
Each country that signed the Hague Convention is obliged to have a Central Authority, which is a governmental agency responsible for the administration of Convention cases.
The Central Authority in Israel is the Ministry of Justice. A Hague Convention case passes through this office, which:
- Finds the child who has been taken away illegally
- Assists in the arrangement of the child’s voluntary return, if it is feasible
- Works with the courts
- Helps the parents in contacting their lawyers by removing the obstacles in the way of communication
The Central Authority is the official place where you turn to in the international legal process. We act on behalf of our clients in all communications and filings with the Central Authority.
Taking Action To Bring Your Child Home
At Segal, Simchauve & Co., we know how to manage Israeli family law cases involving children. We also have a strong international network that excels in Hague Convention cases. We know that an international parental abduction is heartbreaking, and we promise to help you get your child back, stage after stage.
Our Israeli law firm would be pleased to see you for a consultation, which we strongly recommend. Whether you’re starting your case or are already in the process, we can provide the right strategy and global support for your family.
Where children are most familiar with, that is to say, their habitual residence, is the place they have a right to be. So let us be the ones to accomplish that for you.
Frequently Asked Questions About The Hague Convention
How quickly can the Hague Convention return my child?
The Convention calls for speedy processing, and generally, courts place these matters at the top of their priority list. Nevertheless, the average time of finalizing the dispute is around 207 days (about 7 months). The time periods depend on the courts’ backlogs, the intricacy of the case, and whether there are exceptions. Some cases resolve quickly through voluntary agreements, while others take longer and go through full litigation.
Can the Hague Convention force return if my child is in Israel?
Israel has signed the Hague Convention. If your child was taken illegally to Israel from another signatory country, the Convention can mandate their return. There is evidence from the rulings of the Israeli courts that they are implementing the Convention properly. Nevertheless, there may be exceptions if, for example, a serious danger to the child is proven or the child expresses a different wish.
What happens if I take my child out of Israel legally, but the other parent contests it?
If both parents have custody rights in Israel and one parent takes the child to a Hague Convention country without permission, the other parent can request the child’s return. Typically, the parent who took the child must prove an exception. For example, they might show that the child is at serious risk or that the child’s objection is genuine and mature.
Do I need an attorney for my Hague Convention case?
Although it is technically possible to go on without a lawyer, we highly advise having a legal representative. These situations involve complex international laws and foreign legal systems. They also need quick actions. So, a seasoned lawyer not only makes it very likely that you will be successful but also safeguards your child’s interests.
Can domestic violence allegations prevent a child’s return?
Claims of domestic violence do not, by default, bar return under the Convention. Generally, courts ask for solid proof of serious risk. If verified, the court might set conditions. For example, the parent who took the child may have to stay with a local family. Also, contact could be limited until the return happens. This is a sensitive issue that needs an expertly planned legal approach.
