IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In the Matter of the Custody of ) No. 78933-3-I A.T. and ST., Children. ) ) MICHAEL TEPPER, ) Appellant, ) DIVISION ONE and ORIT TEPPER, ) PUBLISHED OPINION ) Respondent. ) FILED: November 18, 2019 __________________________________________________________________________________) MANN, A.C.J. — Michael Tepper appeals the trial court’s order denying his action under the Hague Convention on International Child Abduction seeking the return of his two daughters to Israel. Michael1 contends the trial court erred when it found: (1) that the children’s habitual residence is in Washington, (2) that Michael failed to exercise his right to custody,2 and (3) that one of his daughters would be subject to a grave risk of harm if she returned to Israel. We affirm. We use the parties’ first names to avoid confusion. No disrespect is intended. 1 The Rabbinical Court of Israel uses the term “custody” in its order, and this opinion will use the 2 term “custody” in reference to that order. No. 78933-3-1/2 Michael and Orit Tepper were married in September 2004 in Caesara, Israel.3 Shortly thereafter they moved to Renton where they had two daughters, AT and ST, born in 2005 and 2008, respectively. In October 2014, Orit filed a petition for legal separation in Washington, which was later dismissed without prejudice. The couple entered into two post nuptial agreements in late 2014 that provided that the family move to Israel. The family moved to Israel in July 2015. Within eight days of arriving, Michael departed Israel and returned to Washington. Michael’s stated intent at that time was to remain in Washington and continue practicing medicine there until he was 75. In September 2015, Orit wanted to move back to the United States, but testified that Michael would not allow her to move back. In October 2015, Michael filed for divorce4 before the Rabbinical Court of Israel. Michael obtained no-exit orders that precluded Orit from removing the children from Israel.5 These orders effectively prevented Orit from leaving the state of Israel with the children. The no-exit orders were in place for two years, until November 5, 2017. During this time, Michael resided in Washington. On October 10, 2017, the Israel Rabbinical Court adopted the report of the social worker from Israeli social services and granted Orit primary residential time with the children. Michael was granted “staying times” of Sundays, Tuesdays, and every other weekend. The report summarized: ~ The facts are taken largely from the trial court’s unchallenged findings of fact. Unchallenged findings are verities on appeal. In re Contested Election of Schoessler, 140 Wn.2d 368, 385, 998 P.2d 818 (2000). ~‘ The Rabbinical Court of Israel uses the term “divorce” in its order, and this opinion will use the term “divorce” in reference to that order. ~ The “no-exit orders” are also referred to as “stay exit orders.” 2 No. 78933-3-1/3 The mother and daughters came to Israel on 08/07/2015. For two years the father visited them in Israel once every ...
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