Child Custody / Visitation / Contact

A: Yes! There is a substantial change in circumstances here, which justifies compensation, as determined by the Hadera Family Court in a similar case, on 8.1.25 (File # 65546-02-23). There, a mother’s request to compel the father to pay from his reserve service grant, (which he received as an addition) to the support monies of their minor son. The Family court there considered the extent of time the child spends with each parent,  as indicated by the documentation presented by the parties; the amount of the grant; the period of service; the age of the minor the cost of his care; the amount of child support paid; the assessment of the significance of the change in the burden-sharing rate and the assessment of the rate of additional expenses for which the mother was and is required’ the court ordered that the father, will pay 500 NIS for each month of reserve in which the regular stay times are not observed.

A: You can file a plea at the Family Court where the minor lives, for temporary residence or visitation rights in Israel, and also request that a social worker/welfare officer be appointed by the court to conduct file report and submit recommendations on the matter. This will involve clarifying the background and relationships within the family unit, including the relationships of your adult children with you and your ex-wife, and how this affects the relationship with your minor son.

A: Yes! An Israeli court is authorized to take “punitive” action against a parent who refused to cooperate in issuing an Israeli passport for their minor child, without justification, and to order him to bear the legal costs.

A: In this case, you can apply to the Family court with a request to order the Ministry of Interior to issue a passport for the minor. The procedure will be filed against the ex-husband and against the Ministry of Interior. If after hearing the parties’ positions, the court is convinced that there is no justification for restricting the minor’s freedom of movement, then the court is authorized to order the Ministry of Interior to issue a passport to the minor, despite the father’s objection to this.

A: In the event of a disagreement, you should file an application to the family court in your area of ​​residence and ask to settle the dispute between you. In a similar case which was brought up to the Family Court in Jerusalem, a minor’s counsel was appointed for the minor daughter in question, who recommended that the minor takes the trip to Poland, and the court ruled on 5.5.25, despite the father’s objection, that in view of the girl’s age (16) and her clear and authentic position, decisive weight should be given to her wishes, and her departure for the trip should be approved. The father’s position was rejected for lack of concrete and well-founded reasoning. [Family File No. 43194-02-25]

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.

NO! Although it is legally possible to use section 21 of the Hague Convention to file regarding ensuring visitation rights, since your minor children as well as your ex-wife and yourself have lived in Israel for years, therefore, the issue of visitation will be examined at The Family Court in Israel based on the Israeli law. This is how the Family Court in Haifa ruled on January 8^th 2025, in similar circumstances (Family Case # 54663-08-24).

Yes! The Family Court in Rishon Lezion (Family Case 58601-05-23) gave a Parental Order Decree on December 8^th 2024, to the 61 year old wife of a 58 year old husband regarding a baby the husband had through surrogacy (using a donor’s egg and his own sperm), although the wife does not have a genetic connection to the child.

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.

Via a legal opinion of an Israeli family law specialist on this which could be presented as evidence in proceedings. One possibility is for the court dealing with the UK proceedings to appoint an expert or for it to order a party to present a legal opinion on the subject.