ABSTRACT
Re F (A Minor) (Abduction: Jurisdiction) (1990) CA H, who had dual British and Israeli nationality, married W, an Israeli national, in 1979. There were two sons. H and W separated in 1989 and H brought one of the sons to England, thereby breaching W’s rights under Israeli law. W applied for an order requiring H to return the child to Israel. (Israel was not, at that time, a party to the Hague Convention.)
Held: the order would be granted. The welfare of the child was paramount and the child ought to go to the jurisdiction in which he was habitually resident. The court was aware that the Israeli courts would apply principles which were acceptable to the English courts and that there would be no risk of discrimination or persecution in relation to the child.
