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International Family Law

The leading authority on international family law

22 MAY 2012

Israel - The defence of acquiescence in the Israeli courts

Rhona Sch

In two recent cases, the Israeli Family Court refused to order return of abducted children under the Hague Convention on the basis that the left-behind father acquiesced in the abduction. There is room to question whether these cases are consistent with earlier Israeli Supreme Court case-law and with case-law in other countries. It is perhaps significant that in both cases the parties were Israelis who had gone to live abroad and on the breakdown of the marriage, the mother returned to Israel. One wonders whether the same result would have been achieved if the fathers had not been Israelis who had lived abroad for only a few years, although the father's background ought not to be a relevant consideration in determining whether the defence existed.


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