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.

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.

Assuming she wishes to remain with her second husband , one option is to appeal against the court decision awarding custody to her first husband’s family . Another option – if this fails – or if she has already lost at the Sha’ari (Moslem religious) appeal court , is for to file for increased visitation.

Yes – the rabbinical court can take into account parents’ religious observance when setting visitation rights if it decides the child is likely to be confused by the very different lifestyles of the mother and father.

A custodial parent who accuses the non-custodial parent of sexually abusing their minor child may file a complaint with the police or help hotline and even apply to the court to change/restrict visitation rights so that it takes place only under supervision. Accusations of child abuse will be checked out , if necessary, by appropriately qualified professionals e.g. the police will use a special youth investigator – but the burden of proving them lies with the parent claiming them . Courts are aware that allegations of sexual abuse can be wrongly used by a manipulative parent against the other – out of spite or to achieve gains. Accordingly, the authorities , namely the police and courts, deal with accusations seriously, but cautiously.

Some local authorities make both parents sign a contract relating to the rules and arrangements that govern visitation rights exercised at their communication centres.

The arrangements are carefully worked out to avoid or minimise contact between the two parents inside the centre and the meetings are supervised . For example, among the terms of the contract may be a specific undertaking for the non-custodial parent entering the building not to bring with any weapon . The contract may even be more specific and state that the centre’s security guard will search bags for weapons, and even conduct a body search, where appropriate. Furthermore, the contract may require the custodial parent to refrain from entering the centre during the time the non-custodial parent and the child meet for the visitation session. The contract may state specifically that a parent who does not follow the rules will not be allowed to meet his child at the centre and that a visit may be stopped in the middle at the staff’s discretion.