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Home / Can a father who wishes to fight an emigration plea filed at the family court on the children’s behalf by the mother, claim that it has no jurisdiction to hear the case because his ex-wife agreed to the rabbinical court having jurisdiction over custody during their divorce hearings ?

Can a father who wishes to fight an emigration plea filed at the family court on the children’s behalf by the mother, claim that it has no jurisdiction to hear the case because his ex-wife agreed to the rabbinical court having jurisdiction over custody during their divorce hearings ?

By: דיאנה שאלתיאלPublished on: 02 June, 2022

No ! Once the parties are divorced, the father can no longer rely on the mother’s consent to rabbinical court jurisdiction for issues related to the children that was given in the context of divorce plea hearings . Once there is a divorce plea the custody issue is automatically bound to the plea but once the couple are divorced the rabbinical court can only gain custody where there is mutual consent of the parties. That means the consent of the mother, and of the minors.


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