My child was taken to Israel by the other parent and not brought back. What can I do from France?

The summer visit was agreed in writing. Three weeks in Netanya with the grandparents, return flight on 28 August. On 26 August comes a message saying the children are staying, they have been registered at a school in Ra'anana, and a lawyer will be in touch. Every day that passes from that message counts against the parent in France.

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Detailed Answer

Israel and France are both parties to the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980, and Israel gave it force of law through the Hague Convention (Return of Abducted Children) Law 5751-1991, with applications heard by the Family Court. The Convention is not a custody proceeding and it does not ask which parent is better. It asks three narrow questions: was the child habitually resident in France, was the removal or retention in breach of rights of custody actually being exercised under French law, and has a defence been made out. On the second question, the joint exercise of autorité parentale means that retaining a child abroad without the other parent's consent is a breach even where no French court has ever made an order, which surprises many parents who assume they need a judgment first. Article 12 requires return where proceedings begin within a year of the wrongful removal or retention, and after a year the abducting parent can argue that the child is now settled, which is the practical reason applications should be filed in weeks rather than months. The defences are deliberately narrow: consent or acquiescence, a grave risk of physical or psychological harm or an intolerable situation under Article 13(b), the objection of a child of sufficient age and maturity, and Article 20. Israeli courts apply Article 13(b) restrictively and often meet it with undertakings rather than refusal.

For a parent in France the machinery is better than the reputation suggests. The application goes through the French Central Authority, the Bureau du droit de l'Union, du droit international privé et de l'entraide civile at the Ministry of Justice, which transmits it to its Israeli counterpart in the Legal Aid Department of the Ministry of Justice. The Israeli Central Authority arranges representation for the applicant free of charge and without a means test, which is a substantially better position than a private engagement, and it can act to locate the child through the population registry. Two urgent applications usually accompany the main one: an order preventing the child's departure from Israel, so that a second removal cannot follow the first, and interim contact so that months of proceedings do not become months of silence. Note that European instruments do not help here. Brussels IIb governs relations between EU member states and Israel is outside it, so the Convention alone applies and there is no expedited European return mechanism to fall back on. Article 11 sets a six-week expectation for a decision; the honest Israeli figure including an appeal to the District Court is three to nine months. A separate but related question, the consent needed before a child is taken to Israel permanently in the first place, is covered in our answer on taking a child on aliyah without the other parent's consent.

In Practice: The Hague Convention (Return of Abducted Children) Law 5751-1991 brings the 1980 Convention into Israeli law, with jurisdiction in the Family Court and the Central Authority in the Legal Aid Department of the Ministry of Justice providing representation at no cost and with no means test. Article 12 makes return the rule where the application is made within one year of the wrongful retention, and Article 11 sets a six-week target that in practice runs three to nine months with an appeal. French custody and civil status documents filed in Israel need a French apostille, issued by notaries since 1 May 2025, plus notarial translation into Hebrew at NIS 251 for the first 100 words and NIS 197 per additional 100. An order barring the child's exit from Israel can be obtained within 24 to 72 hours of filing.

When to Consult a Lawyer

• The other parent alleges violence or risk to the child. Article 13(b) is the defence that consumes these cases, and it is answered with evidence, protective undertakings and often an expert, not with denials.
• More than a year has passed. The settlement argument becomes available to the other side, the school and friendships built in Israel become evidence, and the application needs to be framed differently from the outset.
• The children are old enough to be asked what they want. A child's objection is a stand-alone defence under Article 13, and how and by whom the children are interviewed shapes the outcome more than most parents expect.

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Speak With an Israeli Attorney

We work alongside the Central Authority file, obtain the order preventing a further removal and interim contact in the first days, and prepare the Israeli evidence on habitual residence and rights of custody that the Family Court decides on.

Contact us for a confidential initial consultation.