Child Immigration
Following a divorce, each party has the right to start over, including moving from one country to another. So, what do 
you do when there are children involved? Is the custodial parents entitled to take the children with them to the country where they intend to immigrate to? What happens when the other parent does not agree to the move?
Immigration without consent of the other parent
An immigration of a parent and children without the consent of the other parents can be considered Child Abduction, and is a criminal offence. Therefore, in cases where there is no agreement between the parties regarding the immigration of one of them to another country with the children, you must apply to a court that will make the decision in a Child Immigration Suit. A Child Immigration Suit is one of the more complex and difficult suits to make a decision on in a Family Court of Law, since in such a suit the immigrating parents is point of fact requests separating the other parents from the daily life of the child, and the implications are a physical and emotional separation of the minor from the other parent, for a typically extended period of time. A Child Immigration Suit affects the parent who remains in the country and the minor that is forced to move to a foreign country, with a foreign culture, a language they might not know, separation from the family and more. These changes are difficult obstacles for the minor, and therefore the role of the court in making the decision is not simple at all.
What are the factors that the courts use in determining cases of Child Immigration Suits?
A Child Immigration Suit is within the jurisdiction of the Family Law Court. It is the responsibility of the court to determine whether it is in the best interest of the minor to immigrate to another country with the immigrating parent, or to remain in Israel. Generally, there is no law regarding immigration of children, however, over the years the court has been making these decisions based on the following criteria:
- The Minor’s Wishes
The court will examine the wishes of the minor (provided that the minor is capable of expressing his wishes regarding immigrating to a foreign country), which can be very significant in the matter of the immigration.
- Relationship Maintenance with the Minor
The court will examine the objective and the subjective opinions, regarding the ability of the child to maintain a relationship with the parent that is remaining in Israel. The court will also examine the willingness of the immigrating parent to help maintain the relationship of the minor with the parent that is remaining in Israel.
- Examining the Capability of the Minor to Adjust to the Intended Environment
The Court will use an expert to examine the capability of the minor to adjust to a new environment, often with a foreign language, his ability to make new connections and to adjust to new surroundings. For example, the court will tend to rule against the immigration of the child, if the child shows a stronger affinity to his residence and has difficulties making new connections.
There are other factors that the courts take into consideration, such as the right of the immigrating parent to continue with their lives and others. The decisions encompasses all of the factors and more.
What is the role of a court appointed expert in a Child Immigration Suit?
To examine the above mentioned criteria, the Family Court normally appoint an expert to examine these questions and to determine what will be in the best interest of the minor. This court appointed expert can be the minor’s clinical psychologist, a child psychiatrist, or any expert that the court and / or the parties see fit to help the decision of the best interests of the minor.
If you are interested in immigrating to a foreign country with your children, it is highly recommended to contact an attorney specializing in Child Immigration!
A Child Immigration Suit is a highly complex suit with significant ramifications to your future and future of your children! If you are the custodial parent, and you wish to immigrate with your children to a foreign country, you must take into consideration that the end of the process may lead to not only the denial of the court to immigrate but also the transfer of custody to the other parent! A Child Immigration Suit often includes other significant suits, such as A Child Custody Change Claim, a Change in Child Support, Visitation Rights and more. Therefore, before filing a Child Immigration Suit, we highly recommend contacting an attorney specializing in Family Law and Child Immigration, who can consult you in all the matters involved in the Child Immigration Suit, your chances, and the best path to prepare for the suit with all the necessary preparations.