Israeli Family Law — Departure Prevention Orders
Travel Ban on Children During Israeli Divorce
Protecting Your Child's Ties to Israel
If you are concerned your spouse may take your child out of Israel without your consent, an emergency departure prevention order can be obtained within hours. Adv. Liron Elmaliach guides parents through this urgent process at the Family Court and Rabbinical Court.
How to Prevent a Child from Leaving Israel
Israeli law allows either parent to apply for a departure prevention order (עיכוב יציאה מהארץ) at the Family Court or the Rabbinical Court with jurisdiction over the divorce. The application must demonstrate a genuine risk that the other parent will remove the child from Israel without consent or a court order.
When there is immediate danger, the court can issue an emergency ex parte order — without prior notice to the other parent — within hours of filing. Border control (the Ministry of Internal Security, המשרד לביטחון פנים) is notified on the same day, and the child's name is flagged in the departure monitoring system at all ports and airports.
The court may also issue a passport surrender order, requiring the other parent to deposit the child's Israeli passport — and any foreign passports — with the court registry. This removes the physical means of travel and significantly strengthens the effectiveness of the ban.
In deciding whether to grant the order, the court considers the child's ties to Israel, the other parent's past behaviour, any dual citizenship the child holds, prior threats or statements, and any concrete evidence suggesting flight risk. The welfare of the child is always the paramount consideration.
Lifting a Travel Ban
A departure prevention order does not have to be permanent. When both parents agree that the child may travel — for a holiday, a family visit abroad, or an educational trip — the court can grant a temporary lifting of the ban for a defined period, to a specified destination, with a guaranteed return date. The court may also require the travelling parent to deposit a financial bond as security for the child's return.
A permanent lifting of the order is possible when the underlying concerns have been resolved — for example, when a final custody order is in place, when the child is older and has established independent ties to Israel, or when both parents reach a binding agreement on residence and travel.
If a parent violates a travel ban and takes the child abroad without authorisation, this is a serious criminal offence under Israeli law. It may also constitute international child abduction under the Hague Convention, obliging the destination country to return the child to Israel. The offending parent faces criminal prosecution, contempt proceedings, and severe consequences in the ongoing custody case.
The moment you discover or suspect a violation, contact an attorney immediately. Speed is critical — both for activating Israeli authorities and for initiating Hague Convention proceedings in the destination country.
Frequently Asked Questions — Travel Bans in Israeli Divorce
Answers to the most common questions about departure prevention orders in Israel
Related Topics
Further reading on Israeli divorce and child custody law
Act Now — Protect Your Child
Emergency departure prevention orders — Family Court and Rabbinical Court
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