Child Relocation

She should try and get the father's consent to the children's relocation overseas. If he consents,an agreement should be drawn up, for authorization by court. However, if the father does not consent, then a carefully reasoned plea should be filed in court, in Israel,requesting the children's relocation overseas. She should avoid taking the children overseas,without the father's consent, or court permission, because a unilateral act of relocation is likely to be considered an act of child abduction.

Yes! If you move to Israel with your wife and children, on the basis of an oral agreement only, you are putting yourself and them at risk of losing or harming your parent-child relationship, should your marriage break down in Israel. Your wife could be engineering a move,and plan to  "dump" you or demand a divorce or separation after the children have settled to life in Israel, forcing you to return to the States, having no legal status in Israel, as the separated spouse.

Basically, you should only agree to a trial relocation to Israel if your wife is willing to sign a carefully worded agreement , drafted by a specialist lawyer, to protect your interests. If your wife refuses to sign such an agreement, or refuses to have it authorised in court, in the States and in Israel before the intended move, then you would be uwise to agree.  

If the marriage breaks down and you do not live in the same country as your wife and chidlren, you could end up substituting a close father-child relationship into one of a distant relative.

A favourable report from the court-appointed clinical pyschologist. The Supreme Court has stated many times in the context of relocation cases that the report and recommendations of the court -appointed expert at the level of a clinical psychologist is a  key tool at the court’s disposal and forms a “substantial part” of the evidence in relocation cases, especially the testing of each parent's parental ability and suitability as custodian. It did so expressly in Leave of Civil Appeal 10060/07. Such independent evidence is of far greater significance than any evidence brought by a parent,though  a parent wishing to relocate must bring evidence to support his/her relocation plan regarding housing and schooling for the minors etc, employment opportunities and means of family support etc

This depends upon the wording of your agreement. If ,for example, the agreement dealing with you getting custody also specifically deals with permisssion for the child to live abroad, but also includes the option of returning to Israel, then it would appear that your return with the minor would not amount to child abduction. If, however, the agreement does  not deal with this option, then a one-sided return to Israel with her, on your part, without the father's consent, is likely to amount to child abduction, and put you at the risk of having to defend such proceedings.

If he and his parents cannot resolve the issue between them, and come to a court authorised agreement on this, then he can  file an independent plea for custody and relocation at the family court in Israel. The court will decide whether relocation would be in his interests/welfare. As a teenager, his views should  bear considerable weight, presuming he is found to be genuine in his wishes, and not been subject to brainwashing.

Not necessarily ! An agreement between parents does not bind the children,who are not parties to it. It may be possible for an independent relocation plea to be filed by the children themselves (via their mother, their natural guardian). Furthermore, decisions relating to minors are never final, in Israeli law, as circumstances and needs change. A court faced with a relocation plea has to decide if the move is in the children's welfare/interests i.e. is the least detrimental alternative.

There are a range of options, suitable to different situations, ranging from stating your lack of consent/objection in writing to her/her lawyer , to applying for a court order to prevent their departure from Israel , assuming  she has not opened a relocation file at the family court. If she has, then you can file your objection in your defence, and argue that relocation would not be in the children's welfare/interests and would be damaging to their emotional development.

Yes, it would be a legitimate reason, but the court would still have to be shown that relocation would be in the children's welfare /interest as this is the paramount factor in its decision making process.  

The mother has a right to a personal life and her wish to remarry should be respected, but she should also show that  her prospective husband cannot live in Israel e.g. for business/professional or other reasons.

Not if the court finds out your real motive is just to cut the children's father off from them. Permission to relocate minor children abroad is granted when the parent applying to relocate has reasonable and legitimate reasons and the move would be in the minors' good. A custodial parent hoping to relocate must also persuade the court that  he/she respects the children's right to have a meaningful and on-going relationship with the other parent and his right to the same with them. A relocation plan must include suggestions for securing that on-going relationship.

The family court. It has primary jurisdiction over the issue, and only where custody proceedings have previously taken place in a religious court, and in extremely exceptional circumstances, will the latter have jurisdiction over relocation.

Yes ! If their father objects, you will have to apply to the family court in Israel for custody of your mutual children, and permission to relocate back to the U.S. with them. The court will make a decision, based on the child's welfare/interests, after getting the opinion and recommendation of professionals it appoints. The mother of young children, who is  not a native-Israeli, and whose support system is based abroad, has a good chance of succeeding.

No! An Israeli custody order gives the custodial parent the right to determine where the children shall live within Israel. It does not give the custodial parent the right to relocate abroad with the children, or to travel abroad with them on holiday, without the other parent's consent, or court permission, in its absence. If you wish to relocate with your children to the U.K. legally, and not face child abduction proceedings, you must either gain  your husband's consent, preferably via a court-authorised agreement, or file to the court for permission to relocate with them - and win.

Very possibly, if the children become 'habitually resident' in Israel, and her husband/their father objects. If she returned overseas with the children without his consent, she could face child abduction proceedings. To relocate abroad with them again legally, she would either have to negotiate with him and make  a court-authorised agreement dealing with the issue and ensuring his visitation rights or,  if he was adamant in his objections, she would have to apply to court in Israel, for custody of the children and permission to relocate back abroad with them.