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

Israeli families moving abroad, even temporarily, face complex legal challenges, particularly concerning children and divorce, according to family and inheritance lawyer Judith Meisels. A child can acquire habitual residence in another country, making it difficult for one parent to return them to Israel without consent or a court order if the parents separate. Meisels notes, "Once things go wrong, each parent can claim the opposite." This can impact where disputes are heard, which laws apply to property, and how assets are handled after a death. The number of Israelis living abroad has increased, with approximately 630,000 Israelis or former residents living overseas in 2021-2023, plus 325,000 children born abroad.

• Courts determine a child's habitual residence by examining where the child lives, attends school, and how settled they are, as well as parental intent.
• The 1980 Hague Convention addresses international child abduction, aiming to return children to their habitual residence, with custody disputes then heard in that country.
• Meisels advises parents moving abroad with children to create a written agreement detailing the move's purpose and duration, and what happens if one parent wishes to return early.
• A temporary move can also complicate divorce proceedings and property division, potentially involving multiple legal systems and rabbinical courts for religious divorces.