The case began about five years ago when the Jewish mom who was living in Belgium married a Christian man. The mother later claimed she left her husband because he was abusive to the son. This led to the beginning of the long legal process, which played out in Belgium, France and Israel. In the interim, mom moved to Israel and began living a Torah observant life. Her son was raised chareidi.

Despite the adamant objections from the mom, the Israeli court ruled the child must be handed over to the Christian father in Belgium. It was then that the child disappeared, with mom telling the court he is safe and well while insisting she was not responsible for his disappearance. The case went to the High Court and back to the District Court. Mom was found guilty of kidnapping the child from the custodial parent, sentenced to five years imprisonment.

Attorney David Halevy filed a request to delay serving the sentence pending an appeal, adding the years of the legal battle took a toll on the mother’s health, and she has recently undergone surgery on a leg and requires a bit of time to recuperate. Halevy also cited the sentence handed down was unusually harsh for this type of a case.

Halevy on Sunday night the eve of 23 Tammuz 5773 told Kol Yehudi that “It should be emphasized that the decision of the Belgian Court of Appeals underlies all legal proceedings against my client, both civil and criminal, is currently being debated in the European Court of Human Rights on the grounds it was given without authority and contrary to European law applicable to those nations.”

Halevy explains “It is obvious that if the European Court accepts the contention of my client, then it would pull the rug out from under the procedures adopted. Circumstances will not turn the clock back after my client sits in jail. It is also important to say that my client was acquitted by the District Court and the Supreme Court quietly overturned the decision and punished my client retroactively. Under these circumstances, the court has been informed that we request to hold a further hearing in the case of my client, and the reason that it is clear that failure to delay the execution of the sentence will create an irreversible situation.”

Supreme Court Justice Noam Solberg, who Kol Yehudi adds is a resident of Gush Etzion, rejected a request to delay the prison term and the mother will be reporting to prison towards mid Av 5773. Solberg added the appeal would be heard during her first year in prison.

The Alon Shvut resident and High Court Justice opted to insert words of Chazal into his decision.

“לא אחת סבור נאשם כי הצדק עמו, וכי בית המשפט לא דק ולא ירד לשורש העניין. במצבים אלו מוטלת על הנאשם חובה אזרחית להרכין את ראשו ולציית להוראות בית המשפט. מבלעדי כן, אין קיום למסגרת החברתית: “לולא מוראה של מלכות איש את רעהו חיים בלעו”.

Halevy explains the court’s unwillingness to delay imprisonment signals the court does not believe the mother is not aware of her son’s whereabouts and that she did not play a role in his disappearance as she claims.

The child in question is 14-years-old today.

(YWN – Israel Desk, Jerusalem)