Can a parent who has just lost a battle for custody and relocation filed by the other parent, and is considering appealing against it, prevent the minor from leaving Israel meanwhile ?
By: דיאנה שאלתיאל•Published on: 02 June, 2022Yes, the non-custodial parent can apply to the court granting the judgment for a delay in execution. That court will have discretion on the matter. The non-custodial parent will have 45 days to appeal against the first-instance judgment by the family court . However, if no delay in execution of that initial judgment is granted by the family court , once an order preventing the minor’s departure from Israel is cancelled , the custodial parent can leave the country with the child. The appeal court will only have jurisdiction over delaying implementation if the family court rejected the application for delay in judgment, either fully or partially, or if an appeal is actually filed.