A temporary move abroad can carry lasting legal consequences for Israelis - interview

An interview with family and inheritance lawyer Judith Meisels examines the legal consequences for Israeli families living abroad, particularly regarding children's habitual residence under the Hague Convention. The article notes rising emigration numbers and warns that undefined arrangements can affect custody, divorce jurisdiction, and property law.

An interview with family and inheritance lawyer Judith Meisels examines the legal pitfalls Israeli families face when living abroad, even temporarily. The core issue is a child's habitual residence under the 1980 Hague Convention on international child abduction. Courts determine this by examining where the child lives, attends school, and how settled the family has become, not just the parents' stated intentions. If parents later separate, one may be unable to bring the children back to Israel without the other's consent or a court order. Meisels advises parents moving abroad to record the purpose and duration of the move in a written agreement. The article cites rising emigration: a CBS release classified 55,300 Israelis as long-term emigrants in its 2023 cohort, while a Knesset report put the figure at 82,800 for 2023. Meisels notes the question is particularly difficult for families who left after Oct. 7 without deciding if the move was permanent. She describes a Portuguese Hague Convention case where an Israeli mother kept her daughter after a temporary evacuation; lower and appellate courts reached opposing conclusions on the grave-risk exception.