I am in the process of divorcing in Israel . My wife wants custody and wants to relocate to the United States, where she was raised, taking our son with her. To me this is unimaginable as I am sure that instead of being a father I would turn into a distant uncle. What legal action should I take ?
By: דיאנה שאלתיאל•Published on: 03 May, 2022
If a husband is negotiating for divorce and child custody with his wife and cannot come to a suitable agreement, then if she applies to court for custody and permission to relocate, he should object strongly in his written defence pleadings, and even consider counter-filing for custody. His argument should be based on the fact that as a parent he has a constitutional right to have an on-going relationship with his child, and vice versa. When all the parties rights are to be weighed up the child’s interest/rights should take priority and not be endangered by the mother’s plans. No doubt the court will appoint a suitably qualified professional to make a report and recommendations on custody and emigration.