Israeli court rules child can remain in Israel after fleeing abusive father in US

The Petah Tikva Family Court recently ruled that a mother who fled the United States with her six-year-old son due to severe abuse from her husband could remain in Israel with her child. The court dismissed the father’s request for the child's return to the US, which he claimed was a case of “abduction.”

The father’s claim was filed under the Hague Convention on the Civil Aspects of International Child Abduction, which mandates the return of children unlawfully removed from one country to another. In this case, the family is American, but the mother holds Israeli citizenship and has family in Israel.

After years of severe physical abuse, the mother escaped with two of her three children (the eldest is an adult) and sought refuge in a shelter for battered women in the US. Facing repeated threats and attempts by the father to locate her, she decided to escape to Israel.

The mother’s attorney, Ilan Yacobovitch, presented evidence that the father had initially agreed to her moving to Israel with the children. However, after her arrival, he retracted this consent and filed a claim alleging “abduction” over a year later. Yacobovitch argued that there was no abduction, as the father had given his consent. Additionally, he argued that exceptions under the Hague Convention allowed the child to remain, given the serious risk he would face in the US and his integration into life in Israel, as over a year had passed since their relocation.

A court-appointed expert found that the child had settled well in Israel, had minimal connection with the father, and would likely suffer psychological harm if returned to the US. Judge Efrat Venkert accepted the mother’s claims and ruled that the child would remain in Israel.

The mother's statement

After the ruling, the mother expressed her relief, stating, “I feel a huge sense of relief. For the first time, I can breathe knowing my child and I are safe. To all women suffering from domestic violence, I urge you not to give up—seek help.”

Yacobovitch highlighted the ruling’s significance, describing it as a thorough examination of the Hague Convention’s application. “This judgment clarifies under what circumstances a child’s relocation is not considered abduction. The court reached the right decision for the child’s well-being,” he said, adding that he hoped the mother would now find peace and security in Israel.