• English
  • עברית
Home » » Child Relocation

What legal steps can be taken so that our daughter, a divorcee with two children, can come back home to the States with them to live ? They are in a women’s shelter now because of threats from her ‘ex’, who has a criminal record, was deported from the States, and only pays child support sporadically. She cannot make it in Israel without family for support.

Assuming that your daughter has sole custody and wishes to relocate to the States with the children, and her ‘ex’ objects, she would need to file a relocation plea at the family court for permission to do so. The court will appoint suitable professionals to make reports and recommendations on the issue of relocation, and if the children are old enough and mature enough to have their own opinions, these will be taken into account. If, during the legal proceedings, your daughter manages to persuade the court that relocation would be  in their good, balancing all the conflicting rights and interests of the family members, and is the ‘least detrimental alternative’, then it will grant her permission. Clearly, the negative details you relate about her ‘ex’ are in her favour. Your daughter should seek legal advice from a family law specialist experienced in relocation cases. 
 
A professionally drafted plea and correct handling of the case will increases her chances of success. Sometimes the non-custodial parent who objects to relocation backs down during proceedings, after the plea is filed, or if the reports are strongly in the other side’s favour. This can make it  possible to reach a negotiated settlement, that allows for permanent relocation of the minors, but also deals with the issue of visitation rights. This can shorten the process, saving both time and money.