Yes! However, your chances of success will depend on your particular circumstances under Dutch law (e.g. whether your paternity and your paternal rights were registered and whether you were exercising visitation rights or had applied for joint custody. Even if your joint parental rights are not registered according to Dutch law , you may still be able to succeed in Hague Convention child abduction proceedings in Israel, if you, nevertheless, filed for joint custody in the Netherlands prior to the child's removal to Israel.
Such was the case in August 2012 when Tel Aviv Family Court accepted the Hague convention plea of an unmarried Dutch father, represented by our law practice, and ordered the return of two minor children to Holland, even though the mother , and his ex-girlfriend, had sole custody. (File 161-07-12).
In this case, the father's paternity had been registered, the minors bore his surname, but his paternal rights had never been registered. He had, however, filed for joint custody in the Netherlands in February 2012, and had been awarded visitation rights during the proceedings. The Rotterdam court had also ordered an investigation to be made, by the child protection board, and a report and recommendations submitted. The Israeli court accepted the argument that the removal of the minors, during the middle of court proceedings, frustrating both his visitation rights and the investigation, was an act of abduction.
