Immigration with Children Abroad After Divorce – The Complete Legal Guide for 2026

Moving to another country may be a significant professional, family, or financial opportunity. However, when it comes to a divorced or separated parent who wishes to move abroad with their children, it is not just a personal decision. It is a move that may dramatically change the children’s lives and their relationship with the parent who remains in Israel.

Therefore, even when one of the parents is the parent with whom the children spend most of the time, he is not permitted to unilaterally decide to transfer their place of residence to another country.

Emigration with children abroad generally requires the consent of the other parent or explicit approval from the competent court. Attempting to make the move without consent or without a judicial order may lead to urgent proceedings, an order prohibiting the children from leaving the country, and even a procedure to return them to Israel in accordance with the Hague Convention.

What is an immigration claim with children?

An immigration lawsuit is a legal process in which a parent asks the court to allow him to move the child’s permanent residence from Israel to another country.

The request may arise, among other things, as a result of:

• A job offer or professional promotion abroad;

• A new relationship with a partner living in another country;

• A desire to be closer to family members living abroad;

• Studies or professional mission;

• Economic considerations;

• Desire to return to the country of origin of one of the parents;

• Special medical or family need.

The mere existence of a justifiable reason from the perspective of the parent seeking to move does not guarantee that the court will approve the move. The starting point of the procedure is not the best interests of one of the parents alone, but the overall best interests of the child.

Can a parent move abroad with the children without the consent of the other parent?

As a rule, no.

Parents are the natural guardians of their minor children. Determining the child’s place of residence is a fundamental decision concerning parental responsibility, and therefore it should be made by agreement between both parents.

Even a parent with whom the children live most of the time is not entitled to conclude from this that he can move the center of their lives to another country without consent.

When there is no agreement, the appropriate legal authority must be contacted and a decision made before the move. It is not enough to simply notify the other parent, purchase airline tickets, or the fact that the child holds a foreign passport.

Unilateral transfer may be considered an unlawful removal of the child from his or her habitual residence.

What does the court examine in an immigration lawsuit?

The courts examine each case according to its circumstances. There is no single test that decides every case, and there is no automatic preference for the parent seeking to immigrate or the opposing parent.

The central question is whether the proposed move serves the best interests of the child, while examining the practical and emotional impact of the migration on him.

Among the considerations that the court may consider:

The best interests of the child

This is the main consideration. The court will examine how the move is likely to affect the child’s development, his sense of stability, his emotional state, his family relationships, his educational framework, and his quality of life.

The relationship with each parent

The depth of the child’s connection with each parent, the degree of involvement of each parent in his life, and the ability to maintain a meaningful and continuous relationship even after the transition will be examined.

When the parent remaining in Israel is very involved in the child’s life, meets him or her frequently and participates in daily decisions, the geographical distance may significantly affect the decision.

The child’s age and needs

The needs of a young child are different from those of an adolescent. The court may consider the child’s age, character, the settings in which he is integrated, possible adjustment difficulties, and special medical, emotional, or educational needs.

The child’s will

Depending on the child’s age and maturity, the child’s wishes may be given weight. However, the child’s wishes are not the only consideration, and the court will seek to ensure that this is a free will and not the result of pressure, incitement, or an attempt to please one of the parents.

In appropriate cases, the child can be heard in an appropriate and protected manner, sometimes through professionals or within the framework of the assistance unit.

Immigration plan

The court generally expects to receive a detailed and realistic plan, not just a general idea.

A serious plan should address, among other things:

• The country and city to which the move is planned;

• Legal status and residence permit;

• residence;

• Source of income and employment;

• An appropriate educational framework;

• Medical insurance and health services;

• Proficiency in the local language;

• A supportive community and family;

• Emotional or medical care, as needed;

• A plan to maintain contact with the parent who remains in Israel.

The reason for the immigration request

The court may examine whether the request was submitted in good faith and for a legitimate purpose, or whether its true purpose is to distance the children from the other parent and reduce contact with him.

Similarly, opposition to immigration is also examined: does it stem from genuine concern for the child’s well-being and for maintaining the relationship, or does it serve as a means of controlling the other parent?

The ability to stay in touch after the move

Immigration approval is not supposed to make the parent who remains in Israel a marginal figure in the child’s life.

The court may examine whether there are practical measures to maintain contact, including:

• Regular video calls;

• Visits to Israel;

• Extended stays on vacation;

• Flights of the parent to the new destination;

• Distribution of holidays and vacations;

• Bearing the flight expenses;

• Current updates on education and health matters;

• Parental decision-making is shared even from a distance.

Is there any significance to the existing stay arrangements?

Yes, but they are not decisive alone.

When the children spend most of their time with the parent seeking to emigrate, this may be a relevant factor. However, it does not mean that this parent has the exclusive right to decide on moving abroad.

Even when a judgment or old agreement uses terms such as “sole custody,” the other parent does not automatically lose their status as guardian and their right to participate in material decisions concerning the child.

A decision on immigration requires an up-to-date examination of the child’s best interests and the actual reality of his or her life.

What is the role of experts in an immigration claim?

In many cases, the court may use the assistance of social workers, psychologists, or family experts.

The specialist may examine:

• the relationship between the child and each of his parents;

• the parenting skills;

• the impact of the transition on the child;

• the ability to adapt to the new country;

• the risk of harm to the relationship with one of the parents;

• the degree of cooperation between parents;

• the proposed post-immigration contact plan;

• The child’s position, according to his age and situation.

A professional opinion is an important tool, but the final decision rests with the court.

How can we oppose child migration?

A parent who opposes the move must present a substantive objection based on the best interests of the children and not just on his personal difficulty in parting with them.

As part of the objection, one can point out, among other things:

• Expected damage to the parental relationship;

• Deep and constant involvement in the children’s lives;

• An immigration plan that is not coherent;

• Lack of a place of residence or stable source of income abroad;

• Language, social or academic difficulty;

• Unmet therapeutic needs;

• Lack of financial ability to afford flights and visits;

• Real fear that the immigrant parent will not maintain contact arrangements;

• Previous conduct of concealing information or damaging communication;

• A better alternative that will allow a parent who wants to change their life without cutting off the children from their environment.

It is important to act quickly. If there is concern that the children will be unilaterally removed from the country, it is possible to consider filing an urgent application for an order to delay departure from the country or for an order to maintain the existing status quo.

What can be done when the other parent plans to leave soon?

When there is actual information that airline tickets have been purchased, documents have been collected, children have been enrolled in an educational institution abroad, or a departure is planned without consent, one should not wait until after the flight.

In an appropriate case, you can urgently go to court and request temporary remedies, such as:

• Order to prevent minors from leaving the country;

• An order prohibiting them from changing their place of residence;

• Deposit of passports;

• Order to maintain the status quo;

• Instructions regarding the provision of information about the date and destination of travel;

• Scheduling an urgent hearing.

A temporary relief is intended, among other things, to prevent irreversible damage and ensure that the dispute can be clarified before facts arise on the ground.

What is child abduction according to the Hague Convention?

The term “child abduction” in the context of the Hague Convention does not necessarily refer to criminal kidnapping or to a foreign person.

A parent can also unlawfully remove a child when he transfers him to another country or leaves him in another country in violation of the other parent’s rights.

For example, a case in which consent was given for a short vacation abroad, but one of the parents decides not to return to Israel with the child, may lead to proceedings under the Hague Convention.

The purpose of the Convention procedure is not to decide which parent is more suitable or where it is best for the child to reside long-term. Its main purpose is to quickly return the child to the country of his or her habitual residence, so that the competent court in that country can decide his or her case.

The Convention applies, as a general rule, between States that are parties to the Convention and in relation to children who have not yet reached the age of 16, subject to the conditions and exceptions set forth in law.

Therefore, removing a child from the country without consent is not a “shortcut” to obtaining immigration. It may entail urgent legal proceedings in Israel and abroad and may also negatively affect future proceedings regarding the child’s place of residence.

Is it possible to agree on immigration without filing a lawsuit?

yes.

When both parents manage to reach an agreement, a detailed agreement can be drawn up that regulates the transition and the relationship with the parent remaining in Israel.

The agreement should be precise and include, among other things:

• The date of the move;

• Expected residential address;

• Educational institution;

• Dates of stay in Israel and abroad;

• Distribution of vacations and holidays;

• Financing the flight tickets;

• Accompanying children on flights;

• Frequency of video calls;

• Transmission of medical and educational information;

• Issuance and renewal of passports;

• Making decisions on material matters;

• Dispute resolution mechanism;

• Guarantees for the implementation of the agreement;

• Jurisdiction in the event of a violation;

• Possibility of changing the arrangement if circumstances change.

It is advisable to submit the agreement for approval by the competent court, in order to give it the validity of a judgment.

Who bears the flight costs?

There is no automatic rule that a particular parent must bear all costs.

The issue is decided based on the circumstances, financial capabilities, distance, number of flights, and the established stay arrangements. Sometimes the parent who decided to move is required to bear a more significant portion of the expenses, since it was the move that created the need for flights.

It is important to arrange in advance not only who pays, but also:

• Who orders the tickets?

• How far in advance is the reservation made?

• Are direct flights required?

• Who is accompanying a young child?

• What happens in the event of a flight cancellation?

• What is the minimum number of visits each year?

• How to deal with an abnormal price increase.

What mistakes could harm an immigration claim?

Creating finished facts

Enrolling children in a school abroad, selling a house, or purchasing airline tickets does not require the court to approve the move. Sometimes such actions may be seen as an attempt to circumvent the legal process.

Damage to the relationship with the other parent

Preventing meetings, incitement, concealing information, or violating decisions may damage the credibility of the parent seeking to immigrate.

A general and impractical plan

Statements such as “we will be better off abroad” are no substitute for a detailed plan that includes residence, employment, education, medical care, and contact with the other parent.

Presenting the transition as an automatic right

A parent has the right to manage their own life, develop a relationship, and advance their career. However, when their decision directly affects the child’s rights and the relationship with the other parent, a decision is required that balances all considerations.

Waiting until the last minute

Immigration claims require preparation, document collection, and sometimes professional opinions. Filing an application shortly before the start of the school year or before a scheduled flight may create significant difficulty.

What documents should I prepare for an immigration claim?

Depending on the circumstances of the case, collection of:

• Job offer or employment contract;

• Residence visa or citizenship documents;

• Details of place of residence;

• Information about schools and kindergartens;

• Medical and insurance information;

• Economic plan;

• Details of family members and support groups in the destination country;

• Proposing a temporary stay plan;

• Flight cost estimate;

• Correspondence between parents;

• Previous decisions and agreements;

• Documents indicating the involvement of each parent in the children’s lives;

• Information about the child’s special needs.

Each case requires customization. A document that may be helpful in one case may be meaningless in another.

Questions and answers about immigration with children

Does the fact that I am the main parent allow me to move with the children?

Not automatically. Even when the children reside primarily with one parent, changing residence to another country is a substantial decision that requires consent or a judicial decision.

Is it possible to go on vacation abroad with the child?

Temporary leave is not the same as immigration, but the provisions of the agreement or judgment must be checked, the need for the other parent’s consent, the status of the passport, and the existence of an order to delay departure from the country.

Does the court always accept the expert’s recommendation?

No. The opinion is given significant weight, but it is the court that decides after examining all the evidence and circumstances.

Can a child decide they want to move?

The child’s wishes may be given weight depending on his age and maturity, but the child is not required to bear sole responsibility for the decision. The court also examines the source of the wish and his overall best interests.

Can a previously issued immigration permit be revoked?

In exceptional cases and in the event of a material change in circumstances, a new appeal may be considered. However, not every change justifies reopening the decision.

Does a temporary move for work purposes require approval?

When the move actually changes the center of the child’s life, their educational framework, and their relationship with the other parent, consent or approval may be required even if the parent calls it “temporary.”

Is it permissible to leave the child abroad after a vacation?

Not without valid consent or a legal decision. Leaving a child abroad beyond the agreed period may be considered wrongful non-return and lead to proceedings under the Hague Convention.

Legal representation in immigration lawsuits and immigration opposition

An immigration claim is one of the most sensitive and complex procedures in family law. The decision may affect the child’s place of residence, their relationship with their parents, and their daily routine for years.

Success in the process requires building an early legal strategy, presenting a practical plan, collecting appropriate evidence, dealing with professional opinions, and a deep understanding of the child’s needs and the balance of family relationships.

The Sharon Segal Law Firm represents parents in immigration lawsuits, objections to the transfer of children abroad, urgent requests for orders to delay departure from the country, and proceedings relating to child abduction and the Hague Convention.

The firm provides professional representation in family courts and appellate courts, while building a legal solution tailored to the unique circumstances of each case.

Are you considering moving abroad with your children? Have you discovered that the other parent is planning to take the children out of Israel? It is important to obtain legal advice before taking any irreversible action.

Sharon Segal Law Firm – Maximum investment. Maximum result.

For legal advice: 052-2226699

The information in this article is for general information only and does not constitute legal advice. Each case will be examined in accordance with its circumstances, documents, and applicable legal decisions.