STATE OF ISRAEL IN THE SUPREME COURT OF ISRAEL SITTING AS A HIGH COURT OF JUSTICE Before Justices Barak, Matza and Heshin A v. B [Summary of Decision WMHFN-1] 24 May 1992 Habeas corpus petition by father for the return of his daughter aged seven who had been taken to the United States by her mother in July of 1991 with the father's consent, but retained there subsequently against his wishes. The Court held that, prima facie a habeas corpus order could be issued in such circumstances, i.e. where the mother's custody became illegal even though the original taking of the child to the U.S. was within her rights. There was no genuine dispute between the parties with respect to custody of the child and it was clearly the duty of the mother to return the child to lsrael where the question of the child's welfare, including the parents' custody rights, could be considered on the merits of the case. The mother argued that the only court having jurisdiction in the matter was the District Court under the provisions of the lsraeli statute implementing the Hague Convention. The Court held, however, that the statute was not intended to deprive the High Court of Justice of its jurisdiction to grant habeas corpus ordering the return of a child from abroad. Thus, in the case of abduction from lsrael to other countries both remedies are available concurrently, i.e. an order for habeas corpus by the High Court and a request under the Hague Convention directed to the Central Authority in the foreign country concerned. WMHFN-2 The Court stressed that there was no obligation on the mother herself to return to lsrael, but only to bring about the return of the child to lsrael. Footnotes by William M. Hilton, CFLS ------------------------------------ 1. This summary was graciously supplied by Dr. Chaim I. Goldwater, Director of Legal Advice in Private International Law, Ministry of Justice, State of Israel 2. Per Article 18, The Convention is not the exclusive means available to cause the return of the child. As a matter of practice, if a court order for the custody of a child is also available, such an order could be plead in the alternative in the courts of the requsted state. See Uniform Child Custody Jurisdiction Act, Sec. 23: International Applications