Child abduction by a parent is not an everyday phenomenon, but it is not an uncommon one. In Israel, these cases have special consequences for the child when he / she is taken by a non-Jewish parent to a “non-Jewish environment.”
In general, around the world: In 85% of the cases it is the mother who abducts the child / children.
Regardless of the existing legal penalties, parents don’t usually go to jail for an abduction case. This is the reality, but something might change in the future, at least regarding financial penalties to be imposed on the abducting parent.
The following decision by His Honor, Judge Netser Samara of the Tel Aviv Family Court #26274-05-10, delivered in January 2014, might indicate some potential changes.
Harry and Sally’s 1999 divorce agreement stated that their child was to remain in Israel, but Sally (the defendant) kidnapped him to the USA in 2000. The child was not located until more than 10 years later in Illinois.
Harry, who was depressed without his son, had a nervous breakdown in 2003 and spent some time in a psychiatric hospital.
It was not until 2009 that Harry learned that the Israeli police had closed the file, stating that the circumstances did not justify further investigation. In 2010, Harry sued the State of Israel for negligence.
Harry tried everything, including sending his lawyer to Illinois in 2012 in an attempt to achieve at least a visitation agreement.
Sally was served, as the law demands, but never provided a defense or any response.
The judge’s decision
In the final decision Harry was awarded compensation of NIS 1 million, in addition to NIS 50,000 for legal and court expenses.
The open questions
How much more money will Harry need to spend on legal fees in order to collect this amount, if ever? What can a parent actually do with a court decision given in Israel? Is it possible to force the child to return to Israel? How can a parent in Harry’s situation cope with the loss?
The present and the future
There is no legal or practical way to force the mother or the child to return to Israel. It is clear that after 10 years a child adapts to his new home, new society, new friends and new language, and that it would cause him tremendous emotional upheaval if he is forced to relocate. This would most certainly not be acceptable to a tribunal in any country because the interests of the child are paramount.
Presently, Harry has a court decision, a piece of paper– not NIS 1 million! In order to transform this court decision into real money, Harry will need a good lawyer in Israel and another one in the USA. However, ultimately, Sally may not have the money to pay.
The future of Harry’s case is unclear. However, if the State of Israel decides to help parents with their legal procedures, puts more emphasis on abduction cases and does not merely close files because “the circumstances do not justify further investigation,” I believe we will see some changes in the future.
A word about experience
I know this might sound extreme, unconventional, unprofessional – even unethical – but, in my experience, not only will the “abduction business” not end, unfortunately and as painful as it may sound, there are many cases where there is no other solution; especially as regards the intricate situation in Israel with so much intermarriage, and so many marriages between mental or emotionally unbalanced couples.
A word of wisdom
Bringing a child into the world is an immense responsibility. Marriage hardly ever works when one chooses one’s partner without considering the consequences.
It is far better to think carefully, take one’s time and use common sense, rather than listen to one’s emotions, when making the important decision regarding a marriage partner, or the drastic decision to run away from one’s partner. A decision will have a major negative impact on the children – forever.
