{"id":4722,"date":"2022-08-26T19:01:41","date_gmt":"2022-08-26T19:01:41","guid":{"rendered":"https:\/\/www.avivitmoskovich.co.il\/?p=4722"},"modified":"2022-08-26T19:01:41","modified_gmt":"2022-08-26T19:01:41","slug":"emigrating-with-children-after-a-divorce","status":"publish","type":"post","link":"https:\/\/www.avivitmoskovich.co.il\/en\/emigrating-with-children-after-a-divorce\/","title":{"rendered":"Emigrating with children after a divorce"},"content":{"rendered":"

When spouses divorce and the legal process is concluded \u2013 with a signed agreement and changed status from \u2018married\u2019 to \u2018divorced\u2019 \u2013 it would seem that the spouses\u2019 connection has ended. \u00a0But this is not the situation in many cases, mainly when children are involved in the divorce. \u00a0Divorced couples with children will maintain their connection long after the divorce; one might say that their connection cannot be broken. \u00a0One example of this reality consists of restrictions on emigrating to another county when the parent has children from a past spouse. \u00a0In the following article we examine the legal aspects of immigration to another county involving children of divorced parents.<\/p>\n

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It\u2019s a simple question: Can a divorced parent emigrate with his\/her children to another country of his\/her own accord? \u00a0Does the parent require the consent of the other parent? \u00a0The answer is also simple: No, unless there are certain stipulated conditions as we shall see.<\/p>\n

The legal basis and the Hague Convention<\/b><\/p>\n

In Israel there is no specific law that explicitly settles the question of emigration. \u00a0The law that is referred to when dealing with questions of emigration is the Legal Capacity and Guardianship Law. \u00a0Section 15 of the Law states that the issue of the child\u2019s place of residence is to be decided by his parents-guardians. \u00a0Section 25 states: \u201c[When the parents are not in agreement concerning a decision relating to their children] the court is authorized [to rule] as it sees fit for the welfare of the minor. \u00a0Children up to the age of 6 shall be with their mother if there are no special reasons for alternative parenthood.\u201d<\/p>\n

The Law implies that neither side can decide, on its own accord, on the child\u2019s place of residence; that side must receive the consent of the other side. \u00a0When the parents do not reach agreement and since both are the child\u2019s guardian, even after the couple divorces, the child\u2019s welfare is the guiding principle when deciding between the parents.<\/p>\n

The Hague Convention is relevant in such cases. \u00a0Like many other world countries, Israel is also a signatory to the Convention. \u00a0The Hague Convention\u2014also known as the Hague Child Abduction Convention\u2014sets a number of basic guidelines:<\/p>\n