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Guardianship and Adoption

Home / In my divorce agreement which was authorized in court I agreed to my ex-wife having custody of our children and she undertook not to file any plea to increase the maintenance we agreed upon against me. Now, following an argument we had about my participation in the cost of psychological treatment, she has asked the family court to strip me of my role as guardian and to declare that she is the children’s sole guardian. Can she act this way and can the court deprive me of my role as guardian ?

In my divorce agreement which was authorized in court I agreed to my ex-wife having custody of our children and she undertook not to file any plea to increase the maintenance we agreed upon against me. Now, following an argument we had about my participation in the cost of psychological treatment, she has asked the family court to strip me of my role as guardian and to declare that she is the children’s sole guardian. Can she act this way and can the court deprive me of my role as guardian ?

By: דיאנה שאלתיאלPublished on: 19 May, 2022

The minors’ biological father is their natural guardian, as is the mother. He remains their natural guardian even if she has custody and he does not, and even after they divorce. Under the 1962 Legal Capacity and Guardianship Act a parent can only be deprived of guardianship as an exception, if certain, very strict conditions under the 1960 Youth ( Treatment and Care) Act are met.


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