Motion for Leave to Appeal (Family Matters) 5690/10

INCADAT legal file Hague parental abduction

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The proceedings concerned a child born in January 2003 to an unmarried father of Chinese origin, resident in the United States of America, and a mother with dual American and Israeli citizenship. In 2005, a Nevada court provided the parents with joint custody, with the mother having physical care of the child.
On 1 February 2006, the mother took the child to Israel without the father’s consent. On 12 July 2007, the father submitted a return petition with the Family Matters Court. The mother did not defend the action and the petition was granted. The mother was not located until 18 January 2009. She submitted a motion to abolish the ruling, which was granted.
The Family Matters Court in Ramat Gan (Israel) found that the child had been wrongfully removed, but declined to order his return on the basis that the child had settled in his new environment. The Court equally found the exceptions of acquiescence and grave risk of psychological harm to be applicable.
On 8 July 2010, the Tel Aviv District Court upheld the father’s appeal and ordered the return of the child. The mother petitioned the Supreme Court for leave to appeal.