Child Custody / Visitation / Contact

Yes ! Where a father has custody over children and the mother is a drug addict there is no doubt that the children are at great risk and could suffer permanent emotional damage as a result. Where damage has been caused – or is likely to be caused in the future – the custodial parent can apply to the court for the cancellation or reduction of the non-custodial parent’s visitation rights. If a plea like that is made the court will appoint a professional (social worker) to make a report and recommendations about visitation rights should be cancelled or reduced until the mother is ‘cured’ of her drug addiction. A mechanism for the monitoring the mother’s rehabilitation will be developed and a follow-up report ordered. Visitation rights , if retained or re-introduced , are likely to be held at a special ‘communication centre’ where they will be supervised.

A father who was awarded custody of his child because her mother was a prostitute or escort girl can apply to the court for a cancellation or reduction in visitation rights. The father’s case would be that if the child is exposed to her mother’s prostitution she is at risk, and could suffer permanent emotional and/or psychological damage as a result. If a plea like that is made the court will appoint a professional (social worker) to make a report and recommendations regarding whether there should be a cancellation or reduction in the visitation rights while the mother carries on this lifestyle. Visitation rights , if retained or re-introduced , are likely to be held at a special ‘communication centre’ where they will be supervised and the child will not be at risk .

Where both parents live in Israel unless they live at a great distance from one another (e.g. at opposite ends of the country) there will not usually be specific mention of the issue. What usually happens is that it is taken into account in one of two ways. The first is by physically sharing the travel burden – so that on one occasion the non-custodial parent will collect and return the child, and on the next the custodial parent will take the child to the non-custodial parent and collect him at the end of the visit. The second way is for visitation  travel costs to be taken into account when the non-custodial parent’s maintenance obligation is calculated.

Yes! Firstly, the right to visitation belongs also, and most importantly, to the children, and is not the exclusive domain of the non-custodial parent. The children’s good or welfare demands a normal and on-going relationship with the father, in order for them to grow up and develop normally. The lack of a relationship with a father harms children emotionally, and adds to the financial damage a parent causes by not providing for their physical needs in the form of maintenance. In such a case, the overall harm/damage should be reduced as much a possible, and visitation allowed. However, together with this, the mother can and should file the father for child maintenance and /or file for its enforcement at the bailiffs.

Yes. As long as a non-custodial parent is not stripped of his/her role as the minor’s natural guardian he/she is still jointly responsible with the custodial parent for certain functions including emotional development and must act in the child’s good. Being imprisoned does not deprive a non-custodial parent of his/her rights as a minor’s natural guardian.