In a case where a child has been abducted from Israel to a foreign country by one of his parents, the remaining parent has two courses of action for the purpose of filing a request for the return of the abducted child:
1. A request to the central authority in Israel (the Department of International Affairs), which, in cooperation with the remaining parent, shall file a request to the parallel central authority in the country to which the child was abducted and is currently living, with the aim of instituting proceedings in a court in this country.
2. A direct request to a private lawyer in the target country for the purpose of filing a request in the competent court in said country.
IT SHOULD BE NOTED THAT IT IS NOT NECESSARY TO APPLY TO A LAWYER IN ISRAEL FOR THE PURPOSE OF FILING A REQUEST TO ANOTHER COUNTRY UNDER THE HAGUE CONVENTION
The parent wishing to avail him/herself of the central authority in Israel must download the affidavit that appears subsequently, in Hebrew or English, complete it and send it to the Department of International Affairs together with the documents specified below:
- A valid marriage certificate (in the case that one exists);
- A valid divorce certificate (in the case that one exists);
- Documents testifying as to your custody rights (birth certificate/custody judgment);
- Material testifying to the fact that the abducting parent is not intending to return the children (if any);
- The children's birth certificates (the original copy from the Ministry of Interior – this should be issued in English);
- Any document that can establish the fact that the center of the children's life is in Israel and that keeping the children away was without the consent of the parent who stayed behind (school enrolment, etc.);
- Up to date color photographs of the children and the abducting parent;
- A complaint to the Police (if any, there is no necessity for a translation of the complaint);
- A power of attorney to the central authority in the country to which the children have been abducted (attached to the end of the affidavit);
- Details of the request to the welfare services (if any, details of the relationship with the party handling the case, case number, name of the office, etc. There is no necessity for a translation of the details of the welfare services, unless the applicant wishes to file a particular document to the court in the country to which the children have been abducted);
- Any relevant document in the possession of the remaining parent.
All the documents attached to the affidavit must be accompanied by a copy translated into the language spoken in the country to which the children have been abducted, but a notarized translation is not necessary. It is not necessary to translate the affidavit into the language spoken in the country to which the children have been abducted.
Below are two hyperlinks which lead to the relevant affidavits when filing a request for the return of an abducted child from a foreign country, in Hebrew and English, for the remaining parent's convenience:
The affidavit and the documents should be sent by e-mail and also by ordinary mail or fax to the following address:
Department of International Affairs
State Attorney's Office
7 Mahal St., Maalot Dafna
Fax Number: +972-541-9644