The child was two years old at the time of the alleged wrongful removal. The parents were divorced and had joint custody rights. The child lived with the mother in France. On 25 October 2005 the father removed the child, going first to Italy and then the Ukraine before arriving in Israel on 21 November 2005.
On 14 November 2006 the mother filed a return application at the Family Court of Eilat. The Family Court ruled that since the child had arrived in Israel on 21 November 2005 a year had not elapsed for the purposes of Article 12. The Court ordered that the child be returned forthwith. The father appealed.
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