In May 2025, an English court delivered a clear message. A mother who kept her children in England because of the Israel, Hamas war and her own mental health struggles was not protected under Article 13(b) of the Hague Convention.
Key principles:
• Only a grave and immediate risk to the children can justify deviating from the duty to return.
• Shared custody and available protective measures can reduce potential risks.
• The Hague Convention prefers resolving custody disputes in the child’s country of habitual residence.
Outcome: The children have already been returned to Israel as ordered.
The takeaway: Even during war and personal hardship, the Hague Convention protects the principle of returning children to their habitual residence. Parental child abduction is not a lawful solution, even in times of crisis.
