The father applied under the Hague Convention for the immediate return of his three children from Canada to Israel, alleging wrongful removal by the mother.
The mother opposed the application, asserting that returning to Israel would expose her and the children to a grave risk of physical and psychological harm, and would place them in an intolerable situation, thereby invoking exceptions under Article 13(b) and Article 20 of the Hague Convention.
The court found a history of domestic abuse by the father against the mother, suspicious circumstances surrounding a grenade attack at the grandparents' home, and the father's use of intimidation.
The court also considered the mother and children's status as Convention Refugees in Canada, which created a rebuttable presumption of persecution risk if returned.
The court concluded that the mother had discharged her burden to prove the exceptions applied, and therefore dismissed the father's application for the children's return to Israel.
