Freier v. Freier

Jonathan Freier (plaintiff) and Judith Freier (defendant) had a child, four-year-old Avital, who resided with Jonathan and Judith in Israel. Judith took Avital on vacation to Michigan, then told Jonathan that she and Avital were not returning to Israel. Jonathan obtained an injunction in Israel that forbade Judith from leaving Israel until September 1997 or until Jonathan and Judith’s divorce and custody matter concluded. Jonathan filed a matter in the United States District Court for the Eastern District of Michigan, seeking an order for the return of Avital to Israel. Article 20 of the Hague Convention on the Civil Aspects of International Child Abduction (Article 20) stated that a court could refuse a child’s repatriation if the repatriation would be prohibited by a country’s fundamental principles relating to the protection of human rights and fundamental freedoms, including the right to due process. Because of Avital’s young age, Judith would be required to return to Israel with Avital if she were repatriated. Judith argued that the trial court should refuse repatriation based on Article 20 because the Israeli injunction might prevent Judith from visiting her children from another marriage, thus violating her right to due process. Expert testimony established that Israeli civil law and rabbinical law recognized the due-process right to challenge the injunction, and that the Israeli court could dismiss the injunction if Judith posted bond.