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International Family Law

The leading authority on international family law

02 JUL 2012

Israel - Habitual residence of children in the Israeli Courts - July 2012

Rhona Schuz

The Israeli courts continue to struggle with the concept of habitual residence of children in Hague Abduction cases. Unlike in most jurisdictions, the Israeli courts have never expressed a clear preference for one of the two main approaches to habitual residence (for identification and discussion of these two approaches, see R Schuz, ‘Habitual Residence of Children under the Hague Child Abduction Convention - Theory and Practice,' Child and Family Law Quarterly Vol. 13 (2001) 1).

In the 1997 Supreme Court case of Gabbai (CA 7260/93), the then President of the court Barak, in an obiter dictum, adopted the factual objective approach. However, this ...

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