What can I do to get my children back to Israel? I travelled to France with my French wife and our children,to visit her family in the school holidays, leaving them to stay on an extra week there,while I returned to Israel to work. They didn't come home to Israel ,on the date planned,though my wife had return plane tickets,and now she says they are not coming backing back at all.

Answers

As  Israel and France are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, you can apply for an order to return the children ,from France,where they are being wrongfully retained by their mother,against your will, to Israel,the country of their habitual residence. Wrongful retention of minors in a country where they are not habitually resident is recognised as an act of child abduction under the Convention . You are entitled to bring Hague Convention child abduction proceedings for their return.

The case will be heard in France,but much of the preparation of the file will need to be carried out in Israel. Although under the convention you are entitled to free legal representation by a lawyer overseas,in the proceedings in the appropriate French court, you would be advised to engage an Israeli lawyer,too,who specialises in child abduction. The latter should be able to assist in the preparation of affidavits and in obtaining vital evidence, from Israel, to build and strengthen your case . He/she would help prove your claims, and help disprove any defences claimed by your wife, and would work in conjunction with your lawyer overseas.