Anonymous V. Anonymous 7784/12

INCADAT legal file Hague parental abduction

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Parties married in Israel, 1995. In 2002, the family moved to Canada. A son was born in Israel in 1997 and in 2005 twins were born in Canada. The parties divorced in Canada in July 2011. In August, 2011 the Court in British Columbia issued a judgment granting the request of the mother to relocate with the parties’ three children to Israel. The father filed an appeal in Canada. His request to stay the execution of the order was denied. The mother affirmed to the court that she would abide by the ruling of the appellate court.
In order to remain close to the children, the father moved with the mother to Israel in August of 2011. The parties continued to litigate in Israel regarding the custody arrangements of the children. The father himself initiated a custody proceeding in the Jerusalem Family Court. In April, 2012, while the Israeli proceedings were still pending, the Court of Appeals in Canada reversed the trial court’s judgment and denied the petition to relocate to Israel.
The father promptly filed a petition for return under the Hague Convention. The mother’s arguments of consent and acquiescence were rejected by the Jerusalem Family Court which accepted the father’s claim that his actions were not voluntary as the Canadian court had imposed the removal upon him. The Appellate Court rejected the mother’s appeal.
The mother filed leave to appeal with the Israeli Supreme Court. After leave was granted, the father surreptitiously obtained the passports of the children and returned with them to Canada in violation of the Israeli courts’ order.