KEY POINTS
- The court ruled in favor of the mother, keeping the child in South Africa.
- The father had previously consented to the child’s move from Israel.
- The judge prioritized the child’s stability and well-being in the decision.
A legal dispute between a South African mother and an Israeli father has ended with the Johannesburg High Court ruling in favor of the mother.
The court rejected the father’s claim that she abducted their 5-year-old child from Israel.
The father filed the case under the Hague Convention on child abduction. He argued that the child was wrongfully taken from Israel in March 2021 and that she should return to her habitual residence in Eilat.
However, the mother presented evidence that the father had consented to the move, including a signed parental consent letter and an electronic approval.
The court found that the father had waited too long to file the case. It ruled that the child had already spent nearly four years in South Africa and was fully integrated into her new environment.
Mother argues child is settled in South Africa
The mother argued that she legally moved to South Africa. She stated that the father had full knowledge of and approved the relocation.
She produced documents, including a signed consent form and a WhatsApp message from the father, where he acknowledged the relocation.
According to IOL, she also raised concerns about the child’s well-being, stating that a return to Israel would cause psychological harm and separate the child from her primary caregiver.
However, Judge Leicester Adams agreed and noted that the child had no recollection of life in Israel. He stated that she was now fluent in English, thriving in school, and settled with her maternal family in Johannesburg.
Court prioritizes child’s best interests
In his ruling, Judge Adams emphasized the importance of stability in the child’s life.
Moreover, he stated that a forced return to Israel would cause unnecessary distress and separate the child from her primary support system.
Also, the court considered the mother’s financial situation and ruled that she would struggle to support herself in Israel. It found it unrealistic to expect her to accompany the child if forced to return.
The judge ultimately rejected the father’s request. He ensured that the child remains in South Africa, where she has built a stable and happy life.
