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