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Israel: Supreme Court Allows Minor’;s Move to Germany, Subject to Conditions

(Oct. 8, 2008) On October 2, 2008, the Supreme Court of Israel accepted an appeal on a decision of the Tel-Aviv District Court to prohibit the return of a mother to Germany accompanied by her minor child. The Court approved the relocation of the minor subject to the conditions that the mother would travel to Israel at least four times a year and that the father could visit his son any time he wished. The mother was also ordered to deposit a personal financial guarantee for fulfillment of the agreement.

The case involves a German woman who resided in Israel with the minor's father from 1998 to 2003 and was employed as a stewardess by the German airline Lufthansa. Following the minor's unauthorized move to Germany in 2003, he was returned to Israel based on a German court decision in accordance with the Hague Convention on International Child Abduction. The mother then obtained permission from the Israeli family court to emigrate to Germany with her son. That decision was successfully appealed by the father to the Tel-Aviv District Court and became the subject of a further appeal to the Supreme Court, which held that emigration is less harmful to the minor in this case than other options. (Request for Permission to Appeal 10060/07 Anonymous v. Anonymous, The State of Israel: The Judicial Authority website, [in Hebrew] (last visited Oct. 2, 2008).)