Child Custody / Visitation / Contact
Uncooperative Parent
Q: I am the father of a minor boy (15) who lives in Israel in the custody of his mother, my ex-wife. She is turning my son against me, as she did in the past with our adult children, who are now completely estranged from me. My ex-wife barely allows me to see my son when I visit Israel, occasionally, and is unwilling to hear about the possibility of my son visiting me abroad. I am convinced that he is being brainwashed. How can I act to stop this?
•Child Custody / Visitation / ContactA: 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.
What can be done against my ex-husband who prevents the renewal of our minor son’s passport for reasons of revenge?
•Child Custody / Visitation / ContactA: 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.
Q: How do I deal with an 11-year-old child who is in the custody of my ex-wife, who is turning him against me, and because of this, he refuses to see me or contact me?
•Child Custody / Visitation / ContactA: You are describing a situation of parental alienation. Before taking legal action, it is advisable to seek family psychological therapy to repair the relationship. But if this is not possible, you should file a petition for urgent relief due to parental alienation, in the family court. As part of the application, you must prove that parental alienation does indeed exist, as you claim. To do this, you will need to present documentation of attempts to maintain contact with the child, such as emails, correspondence, external testimonies, reports from social workers, psychologists, medical records, which may support your claim, and prove that parental alienation does indeed exist. The court will generally refer the parties and the child to treatment options, an assistance unit, treatment centers, psychologists, diagnostics, and in more urgent cases, will appoint a caregiver. In extreme situations, the court has the authority to remove the child from parental custody and declare him a needy minor, if this indeed serves the child’s best interests.
My ex-wife prevents me from having parental time with our minor son, in a free manner. When I visit him in Israel, she only allows me to meet our son at her house, where she keeps an eye on us, and eavesdrops our conversations. Also, she does not allow our son to visit me in Norway, where I live with my new wife. What can I do?
•Child Custody / Visitation / ContactYou should file a plea at the Family Court in Israel asking the Court to set parental/visitation time between you and your minor son in Israel and in Norway including virtual communication (i.e. Facetime, WhatsApp, phone etc.) and ask the Court to order your ex-wife not to be present at the times of communication and contact with your son. You may also ask the Court to appoint a social worker to file a report about the family situation and give recommendations accordingly. The Family Court recognizes the right of a minor to have a meaningful and ongoing relationship with both his parents, for the sake of the minor child’s welfare and wellbeing.
After our divorce, my ex-wife returned living with our minor children in Denmark, her homeland. I stayed in Israel. She refuses to come with our children to Israel, despite signing a divorce agreement, authorized at the Family Court, to this effect. What should my next step be?
•Child Custody / Visitation / Contact
You should file a plea at the Family Court in Israel, to enforce your Divorce Agreement. If your plea is accepted, you need to have the decision recognized and enforced, by the Court in Denmark (“mirror order”).
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).
Our son passed away. When he was alive we were never very close to our daughter-in-law, though we were to our grandchildren. Although she kept up contact during the first year after our son’s death, she seems to have gradually drifted away. She and the children celebrate all the festivals with her parents, and we just don’t get to see the grandchildren. Is it acceptable for visitation rights to be formally set in such circumstances, and if, so, how often can we expect to see our grandchildren ?
Child Custody / Visitation / Contact •Uncooperative ParentYes, it would be quite acceptable for a court to set visitation rights between grandparents and grandchildren following submission of a plea to this effect, regardless of whether the father is alive or not, whenever contact is denied, provided this is in line with the recommendations of a court-appointed social worker and/or agreement between the parties.
As a guideline , the frequency of visitation rights between minors and grandparents set is usually less than that set between minors and a non-custodial parent, though each case would be decided on its merits .
My ‘ex’ has custody of our child, and I have visitation rights. The problem is that she will not stop interfering and tries to dictate to me what I should do with our child all the time. Can I do anything about this ?
Child Custody / Visitation / Contact •Uncooperative ParentYes. If a custodial parent does not respond to gentle, or assertive feedback from the non-custodial parent about the latter’s freedom of choice to spend visitation with the child as he/she sees fit, providing this is in the minor’s good, then application can be made to the family court to intervene . It will probably appoint a social worker who will meet with the parties and give recommendations on the matter. The court usually adopts these and makes appropriate instructions about visitation, or delegates its powers on this matter to the social worker.
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