Child Custody / Visitation / Contact

Not necessarily. In a decision given on January 5^th, 2025, The Tel-Aviv Family Court, rejected a similar application of a mother to allow her minor son, to visit her, in Australia, her homeland, where she flew to give birth. The Court examined whether it would be in the best child’s interest to allow the visit and decided against it. The Court found that the child’s father’s fears that once the child arrives to Australia, the mother will start legal procedures there to avoid returning the minor child, were real and plausible (Family Case # 14558-12-24). The Family Court consequently, rejected the mother’s application.

Not necessarily. It depends on the circumstances surrounding the signature of your divorce agreement. For example, on November 18^th 2024 The Family Court in Tel Aviv (Family Case # 18783-07-21) ordered to strike out a plea filed by an ex-wife, because the divorce agreement between her and her ex-husband, was achieved through a mediation process. The Court there stated that it had no authority to examine her claims, because the divorce agreement was the result of mediation and not of a regular legal process. Meaning, the court has no way to assert whether within the mediation process the sides have agreed to only divide certain parts of their rights in property and not other parts.

Firstly, you could pre-empt your husband  and file an application to the Family Court for a family dispute settlement regarding custody, if you feel things are that bad. If he files the application first and you do not settle the dispute, then he will have the legal right to file first for custody and you will have to file a written defence pleadings putting your side of the case before the first hearing is set.

Regarding your worries about possible wild allegations on his part, note that this is a common ploy and your husband would have to bring real proof . The court would not accept his word without this. Furthermore,the court has powers to appoint a professional to report on the matter and make recommendations. This person should be used to parents trying to make positive false impressions and be able to detect this. You may both have to take a test to ascertain your parental ability. Courts are usually guided by these reports and recommendations, although they are not bound by them.

At the end of the day it is the court that has the powers under the Legal Capacity & Guardianship Law of 1962 to make a decision where parents fight over custody.

Age also plays a role – see Child Custody&Age on the inbuilt preference for the mother to be the custodian of minor children under the age of 6.

Israeli courts dealing with matters concerning children are under a legal obligation to accept, collect and hear as wide a range of evidence as possible, about the “child’s good”, especially from experts.

In the 1990’s the Supreme Court of Justice said: ” A finding in the matter of the minors’ good… is the most difficult thing, and the judge isn’t in the place of God.