Child Custody / Visitation / Contact
Special Situations
My wife has flown to Australia, her country of origin, to give birth to our second child. I insisted that our first child, our son, stays here in Israel with me. My wife has consequently filed an application at the Family Court in Israel to allow our son to come visit her in Hungary, for 30 days, (she claims). I am afraid she will retain our son in Australia. Will the Court accept her application?
•Child Custody / Visitation / Contact
Not necessarily. In a decision given on January 5th, 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.
In previous legal proceedings between my ex-wife and I, it was decided that the place of habitual residence of our minor children is in Israel. I have since left Israel and am living in Norway. May I file for visitation rights, based on The Hague Convention?
•Child Custody / Visitation / ContactNO! 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 8th 2025, in similar circumstances (Family Case # 54663-08-24).
Will the Family Court give a Parental Order Decree to a wife whose husband brought a child through surrogacy?
Guardianship and Adoption •Minors
Yes! The Family Court in Rishon Lezion (Family Case 58601-05-23) gave a Parental Order Decree on December 8th 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.
I have recently found out after signing a divorce agreement with my now ex-husband, that he has property in the UK. Will the Court grant me an application to amend the divorce agreement in view of this new found information?
•Property RightsNot necessarily. It depends on the circumstances surrounding the signature of your divorce agreement. For example, on November 18th 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.
I am a British Jew, and my wife, who is also Jewish, has both UK and Israeli nationality. We are in the middle of custody and separation proceedings in the UK. She wants custody and permission to raise the children in Israel, where she was brought up and has family. She has “offered” visitation arrangements in Israel, and a yearly visit of the children to the UK each summer. I am worried that how such arrangements, if ordered by the court in the UK, would be honoured and even enforced once she arrived in Israel. How can a court in the UK , which is about to decide on whether to grant a mother permission to relocate to Israel with young children, know about the legal position there l regarding the honouring and enforcements of custody and visitation arrangements ?
Child Custody / Visitation / Contact •Special SituationsVia 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.
What can a Moslem mother – who lost custody of her child at the Moslem court to her late husband’s family because she remarried a violent man– do to see more of her minor from her first marriage ?
Child Custody / Visitation / Contact •Special SituationsAssuming 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.
Can a rabbinical court that deals with child custody and visitation rights prevent a secular non-custodial parent from seeing his son or daughter on Saturdays because he/she does do not observe the Sabbath according to the Jewish religion ?
Child Custody / Visitation / Contact •Special SituationsYes – 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.
My ex-wife was awarded custody of our five year old son after a difficult legal battle. The clinical psychologist who was appointed by court said that both of us were equally capable of being the custodial parent but because of his age there was a preference for my ex-wife. She is very jealous of our wonderful relationship and is now trying to ruin it. She has threatened to report me to the police for sexually abusing him . Apparently, he mentioned that we shower together. I have always bathed him since he was a baby. Do I have reason to fear ?
Child Custody / Visitation / Contact •Special SituationsA 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.
Alcohol ruined my marriage and my life. My wife divorced me because of my alcoholism . I could not hold down a job and support the family, and became violent. She gained custody of our children and because of my total addiction to alcohol I lost my right to even see my children. I have been attending an ‘Alcoholics Anonymous’ Support group and have a personal coach who is at my side all the time to make sure I ‘remain dry’. In the past I ‘cured’ myself of my addiction, but crumbled again when faced with pressure. I feel I have got my self-respect back and now want to see my children again. What legal action should I take ?
Child Custody / Visitation / Contact •Special SituationsA father who was lost his legal rights to see his children because of addiction to alcohol but who now considers himself ‘cured’ can apply for a resumption of his visitation rights. The court will appoint a professional to make a report and recommendation on the father, his chances of successful rehabilitation and the rate of progress, and on a strategy for re-building the relationship between him and his children. Because of the father’s previous unsuccessful attempts to be alcohol-free, the court will probably order visitation rights , if re-introduced , to be held at a special ‘communication centre’ where they will be supervised , the child will not be at risk , and progress can be monitored.
I am worried about my ‘ex’ attacking me during visitation rights. I have heard that the court can order these to be held at special communication centres. I am still worried that he would meet me there and attack me verbally or physically . Are my fears grounded ?
Child Custody / Visitation / Contact •Special SituationsSome 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.
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