Children/Minors

Firstly, assuming there are no specific arrangements in any court-authorised divorce agreement regarding the mother's right to take the children abroad on holiday, then the general principle applies that the children cannot leave Israel to travel without the consent of both parents. 

In other words, a parent , as a biological parent and a natural guardian, has the  the right under Israeli law to prevent his/her children leaving Israel, though this veto can be overriden by court . Removing the children from Israel , the country of their habitual residence, without your consent would, prima facie, be an act of child abduction, according to the 1980 Hague Convention on the Civil Aspects of Child Abduction, even if your 'ex' is the custodial parent. The status of custodian gives her no right to make unilateral decisions about the children travelling overseas - she still needs your consent.

If you refuse to let the children travel, then the family court can rule on the dispute. Your ex would have to apply for and obtain court permission to take the children on holiday, to make their departure legal. The court would have discretion about allowing or refusing their trip. Your opposition  could be overriden, by court order, if this was considered to be in their best interests, subject , if necessary, to suitable financial guarantees of the minors' return.

You could initiate legal action for an order to prevent their exit from Israel, based on reasoned and reasonable opposition, especially if there is a risk that she will not return them. You would be advised to see specialist legal advice on this. In emergencies, temporary ex-parte orders are granted, but afterwards a hearing is usually set before both parties.

Normally, not - unless there was also a court order in force preventing the minor's exit,as part of legal proceedings between the parents. The border police check a child's passport/I.D. details against computer records which register any court orders preventing their exit. If there is no such order, then there would be no way of discovering this, as a routine matter,as records of conditions in divorce agreements in this connection are not kept.

No!Contrary to popular belief,according to Jewish law your grandchild will have normal personal status, and will not be a "Mamzer" or bastard/illegitimate, if his/her parents do not marry,but cohabit, because there is an assumption of "Kiddushim" (or "dedication").

Yes! As natural guardians of their minor children parents are under a duty to act in their children's good, and to make decisions jointly, even if they are divorced, and one has custody, and the other visitation rights.

Where one parent appears not to be acting in a minor's good, in this case your 'ex', who is willing to stop  your 15 year old daughter from performing overseas with her dance group ,and deny her the opportunity of the experience , the other, you, can apply to court asking it to intervene and rule on the dispute. If the court agrees to your application to allow your daughter to travel outside of Israel for a limited time for the purposes of this dance trip, it can give instructions directly to the Ministry of Interior concerning the issue/renewal of travel documents for your daughter.

Yes ! An independent plea can be filed, on behalf of the child, for an increase in child maintenance. A minor child is not bound by parental agreements concerning him,even if the mother undertook not to file for an increase in child maintenance, in a court authorised agreement. The independent child's plea for an increase in maintenance can be filed by the mother, as the natural guardian, representing the child, or by a 'close friend'.

No! Israeli courts have held that a minor child is not bound by parental committments in court-authorised agreements concerning him/herself. A minor child was not a party to agreements made by his/her parents concerning him/her and is free to file an independent plea/application which challenges the non-binding committment.

For example, if ,under a divorce agreement, the mother is  to have custody, but the child now wants to live with the father, an independent plea can be filed by the child, represented by the father, his/her natural guardian, or a 'close friend'. The child's own views play an increasingly important role as he/she grows older. As a rule of thumb children's views are given serious consideration from around the age of 10, though this can be lowered or highered, according to the individual minor's level of maturity.

Yes, it is possible to request that a solicitor ad litem be appointed  by the court, for the child, to represent his/her views. The parents' counsel can still put their points of views, and the child's solicitor will represent the minor's views.

Yes! A special application can be filed to the court requesting that the judge meet the children in person. The application needs to be reasoned, and detailed. The welfare officer's recommendation is not binding on the court.

Israel is a signatory to the International Convention on the Rights of the Child, and, as such, is committed to letting children have their say in proceedings concerning them.

Until they are 18, at which point the children become adults under Israeli law, and have full legal capacity, and their parents cease to become their legal guardians, as they are no longer minors.

Yes, she can file the alleged Israeli father for paternity and child maintenance, regardless of her status.

Only after court authorisation is obtained. The sale and transfer of ownership of real estate registered in the name of a minor (a child under the age of 18) is one of the activities requiring court authorisation, according to Israeli legislation (the 1962 Legal Capacity and Guardianship Act).

Even though  you are not the custodian, you are, as a biological parent,  an equal natural guardian of your minor children, and are jointly responsible for making decisions regarding their education and upbringing. Their mother cannot make decisions on these unilaterally.

If she continues to do so,  you can open a guardianship file in court, and ask for instructions about the number and scope of extra-curricular activities that the children should be take, and give evidence of the deterioration in their academic achievements,which you claim is a result of this overload. You can also raise the issue that as a result of too many organised activities, the children have too little free time for normal social interactions with their peers, which, in turn, is potentially harmful for their emotional development.