How can I be sure that I can return home to Israel with my children, without being at risk of child abduction proceedings, if we accept a job offer my husband has received abroad ,and move to Canada,but I am unhappy ? We are in financial straits here in Israel and don't want us to miss this opportunity,but want to be assured that the way is open for me to return with the children.

Answers

You can avoid risking facing child abduction proceedings if you have a written agreement drawn up between you and your husband ,in Israel, which gives you the express ,legal right to return to Israel with the children,should you wish to do so. The agreement should be drafted by a lawyer specialising in international child custody disputes ,and would ,of course, use appropriate language to safeguard your interests. It should, preferably, be authorised at a family court in Israel before you leave Israel for Canada,to give it maximum legal force.

Such a carefully worded court authorised agreement would provide a clear defence if , for instance, you returned to Israel with the children,as you were entitled to, but,despite everything, your husband did try to bring child abduction proceedings in Israel ,to return the children to Canada. Israel and Canada are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, and the agreement would be regarded as clear 'consent' on the part of your husband to the children returning to Israel and living here. Once clear consent is given,it cannot be taken back,and,as such, your husband's attempt to get a return order would be rejected.

Additionally, if the wording of the agreement were sufficiently professional, it would state that Israel was to remain the family's/children's country of habitual residence,despite the temporary move to Canada,and as such, your husband's plea would fail.

Accordingly, your husband would be prevented by the agreement from proving that you had wrongly removed the children from their country of habitual residence, as required ,in order to get a 'return order',as Israel,and not Canada,would be the children's country of habitual residence,and his prior consent had been given to the move -  in the court authorised agreement.