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Child Custody / Visitation / Contact

Child Custody / Visitation / Contact

Residence in Israel

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I am in the process of negotiating a divorce agreement with my wife. I have no objection to her having custody of our children, but I do not want her to move out of the Gush Dan area where we both live. Can we agree to this in writing and would it stand up in court ?

Child Custody / Visitation / Contact Residence in Israel
Yes. You and your wife are free to restrict this issue somewhat in an agreement, but this may only be of limited value, and more declaratory in nature than enforceable in practice. You can negotiate and draft a clause in the agreement in which your ex-wife undertakes not to relocate with the children outside of the Gush Dan area, but the court may refuse to authorize it or may insist on rephrasing or qualifying it, to allow for reasonable flexibility. If your wife subsequently wishes to “break” her commitment you may not be able to enforce it and it will be of limited legal value.
For example, the clause could be rephrased to refer to a suggested maximum distance between the parents’ homes, rather than the Gush Dan area in particular, and cater for a change of circumstances, that would make such a move reasonable, such as either of you wishing to relocate following remarriage, or for employment purposes, and could set up a mechanism to resolve any ensuing dispute by a neutral entity.
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