Child kidnapping
What happens if one day you discover that your ex has left Israel with the children, with no intention of returning? Is there a way to get them back? In many cases the answer is yes!
What is Child Kidnapping?
When your children are taken to another country without your consent it is considered a child kidnapping. Often this occurs when there is also a custody and visitation rights conflict between the couple (married or divorced). It should be noted that a child kidnapping can occur from Israel to another country but also from other countries to Israel. In both scenarios, without the consent of the parents whose children were taken away and/or without a court order consent, the action is considered a child kidnapping. The international solution for child kidnapping was given in the 1980s Hague Convention, and many countries (including Israel) have signed it and incorporated it into their national legislation.
The Hague Convention and its Incorporation in the State of Israel
The state of Israel signed the Hague Convention in 1991, and has incorporated it into the Israeli law in the Hague Convention Law – Returning Kidnapped Children.
The main purpose of the Hague Convention is to ensure that a minor that is taken by one of the parents to a foreign country without the consent of the other parent will be returned to the country where they resided as quickly as possible. Upon the return of the minor the court authorized in that country will have the authority to determine the custody and best interest of the minor in all the matters considering the immigration to the other country. The Hague Convention offers a practical solution in matters pertaining to kidnapping children between countries, and the countries that have signed the convention are obligated to use appropriate means to ensure that the objectives of the convention are maintained.
Kidnapping Children from Israel to a Foreign Country
In cases of child kidnapping from Israel to another country, without the consent of the parent remaining in Israel, it is imperative to act as quickly as possible and according to the Hague Convention rules:
First, you must contact the Central Authority that is charged with the issue of child kidnapping. In the state of Israel the central authority is the International Department of the State Attorney’s Office. This department will work together with the parent to file a request with the Central Authority in the country where the minor was kidnapped to. Simultaneously, it is also possible to contact an attorney specializing in Family Law to file a court appeal in the country where the minor was kidnapped to or to the appropriate authorities to demand the return of the minor according to the Hague Convention.
The authorities of the countries are generally required to return the minor to their former place of residence, except for a few exceptional circumstances in which the minor will not be returned to the country from which it was kidnapped.
Exceptional Circumstances Where Kidnapped Children are not returned to Their Former Place of Residence
According to the Hague Convention, there are a few exceptional circumstances in Child Kidnapping when the minor will not be returned to their former place of residence. For example, in situations where the minor has integrated themselves in the place it was kidnapped to and their former place of residence is no longer their life center. This is a relatively exceptional circumstance where a minor has managed to integrate themselves in the new residence, and can occur when the parent they were kidnapped from delays too long in acting with the appropriate authorities to return the minor and against the Hague Convention that stipulates that the action must be taken within a year from the day that the minor was kidnapped. Another example of an exceptional circumstance is when it can be proven that there will be severe physical or psychological damage if the minor is returned. As mentioned, these are exceptional and extreme instances that must be proven in order to have the minor remain in the country where they were kidnapped to.
Child Kidnapping from Abroad into Israel
The court in the location where the kidnapped child resides has the authority to discuss the case. When the child is in Israel but the location is unknown, the authority to discuss a child kidnapping is given to the Family Court in Tel Aviv. If the location of the child is known, the authority is given to the court in the district that has jurisdiction over the child. The Family Court will discuss the Child Kidnapping and will act according to the Hague Convention. It should be noted that the time table for returning a kidnapped minor is a quick order, whereby a hearing will take place no later than 15 days from the day an action is filed.
Is There a Way to Avoid Child Kidnapping?
The answer is yes! The best option to avoid a child kidnapping to a foreign country is to appeal the courts for a No Exit Order that will prevent a parent from exiting the country with the minor without the consent of the other parent. Therefore, if a parent wants to immigrate to another country with the minor they will be required to do it the legal way, by submitting a suit for child immigration with the Family Court.
If your child has been kidnapped to another country by your partner or other family member you must contact an attorney that specializes in family law immediately!
Child kidnapping is an extremely sensitive matter and must be immediately dealt with on a professional level! Any action taken can affect the return of your children and therefore it is highly recommended to contact an attorney that specializes in child kidnapping. Klarfeld Law Office has vast experience in all matters concerning child kidnapping and can aid you in handling the situation efficiently and professionally, so that you can have your children returned as quickly as possible.