Many of my Jewish clients have a foot in both Australia and Israel. Family in both countries. Property in both countries. Children who have spent part of their lives in each. A separation in those circumstances brings up legal questions that a purely domestic family lawyer cannot answer — what happens if a parent makes aliyah with the children, what civil and religious status applies if the marriage was performed in Israel, when can the Hague Convention bring a child back to Australia, and how do Australian Family Court orders interact with Israeli rabbinic court orders. I act for clients on both sides of these matters.
Hague Convention on the Civil Aspects of International Child Abduction
Australia and Israel are both signatories to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention provides a mechanism for the prompt return of a child wrongfully removed from, or retained outside of, the country of habitual residence. Where one parent has taken or kept a child in the other country without the consent of the other parent (and a few other conditions), the left-behind parent can apply for an order returning the child to the country of habitual residence so that any custody dispute is decided there.
Hague applications are urgent matters. They move quickly, are heard in the Federal Circuit and Family Court of Australia (for incoming children) or in the Israeli Family Court (for children taken to Israel), and they decide return — not custody. The custody dispute itself is decided in the country of habitual residence after the child has been returned.
Aliyah and parenting orders
Where one parent wishes to relocate with the children to Israel — by aliyah, return to extended family, or for religious reasons — and the other parent does not consent, the relocating parent must apply to the FCFCA for a relocation order. The Court applies the best-interests-of-the-child principle, weighing the proposed relocation against the impact on the child's relationship with the non-relocating parent.
Relocation applications to Israel involve specific considerations: the strength of family connections in Israel, religious and educational opportunities, the practicality of return contact (cost, distance, school schedules), and where required, the enforceability of any time-sharing arrangements made by the Australian Court once the child is in Israel.
Recognition of Israeli divorce and family orders
An Israeli civil divorce is generally recognisable in Australia. An Israeli rabbinic divorce (get) is recognised within Jewish communities globally; whether it constitutes a 'divorce' for Australian civil purposes is a separate question — a get alone does not end an Australian civil marriage, just as an Australian civil divorce does not end a Jewish marriage.
Israeli Family Court orders, including child support and parenting orders, can be registered for enforcement in Australia in some circumstances. Conversely, Australian orders affecting children habitually resident in Israel may need to be recognised by the Israeli Family Court or rabbinic courts to have practical effect.
Coordinating Israeli and Australian lawyers
Israel-Australia matters typically need lawyers in both jurisdictions. I work with a network of Israeli family law colleagues, particularly in Jerusalem and Tel Aviv, on matters that require coordinated representation. I do not practise Israeli law and will not pretend otherwise — but I am familiar with the structural features of Israeli family law (particularly the rabbinic court / family court jurisdictional divide) and can run the Australian side of any matter in a way that meshes with the Israeli side.
How I handle a israel-australia family law matter
- 1Urgent first appointment where there is a Hague Convention issue (same week)
- 2Coordination with Israeli colleagues where the matter requires representation in both jurisdictions
- 3Strategy that anticipates how Australian decisions will be received in Israel and vice versa
- 4Clear advice on what each system can and cannot do
Frequently asked questions
How long does a Hague Convention return application take?
Hague applications are treated as urgent. In practice, a return application heard in Australia is typically determined within 6-12 weeks of filing. The Court can make interim orders preventing further movement of the child pending the final hearing.
Can the Australian Court stop me taking my child to Israel for a holiday?
The Court can — and often does — make orders restraining international travel where there is a real risk a child may not be returned. Conversely, where there is no such risk, the Court routinely permits international travel, including to Israel, on conditions (return tickets, lodging of passports on return, etc.).
Is an Israeli get recognised by an Australian court?
An Israeli get is recognised within Jewish communities. It does not by itself end an Australian civil marriage — that requires an Australian divorce order. Where parties have already obtained a get in Israel and now need to formalise the Australian civil position, the civil divorce application is straightforward.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about israel-australia family law in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.