Child Custody

Incidentally, if there is no restriction against the move, and she actually moves with the child, it is likely that her ex-husband will react, and request a change in visitation rights from the court, to change days, or to share out the travel burden between more evenly, both physically and financially.

Yes! Because of the mother's hospitalization in a psychiatric unit,and her inability to function as a custodian,either temporarily or permanently, you,as the minor's father,and their natural guardian,are entitled to apply to court for custody of your minor children. Together with your plea for custody, you can apply for temporary custody. The court will most likely request an urgent report from the welfare officer , a social worker with special qualifications and training to deal with these matters, before it makes its decision.

The permanent transfer of custody to the father depends on the physical and mental medical condition of the mother,and the assessment of her chances of recovery and return to full functioning. An order to transfer custody to the father, either permanently or temporarily, also depends on the recommendations of the welfare officer, which will be examined by the court, in terms of the children's good, and in the light of the father's parenting capability.

Not if the child's biological father is willing to raise her, and has the requisite parental capability. He, as her biological father, is her surviving parent, and natural guardian and will, therefore, have preference over you, despite your close relationship.

Yes - unless she gets court permission ! A divorced mother with custody who wants to take a minor child on holiday outside of Israel still needs the father's consent to do so - unless ,despite his refusal, she obtains court permission to go ahead, after she has applied for it.

No - the court should make a temporary custody ruling meantime, until the case runs its course,experts are appointed, their reports and recommendations made, testimony is given, and summations by both parties are given, and the court passes judgment.

Custody within  Israel only . It does not relate to custody outside Israel.

No! The custody decision denotes with which parent the child should live , while the other one has visitation rights. However, both parents normally remain the natural guardians of their children, irrespective of whether they are the custodian, or the non-custodian. Accordingly, decisions about their minor children are still to be taken jointly, under Israeli law, and both parents are obliged by law to act in their child's 'good' or welfare. Where parents cannot agree, either of them can ask the court to rule on the matter. The 1962 Legal Capacity and Guardianship Act specifically states this.

File for custody at the family court before starting divorce proceedings. A mother's inbuilt advantage in Israeli legislation ceases when the children reach the age of 6, though in practice mothers usually do win custody cases. To win custody, you will have to prove that your parenting ability and skills are superior to those of your wife. The court will appoint a social worker and a clinical pyschologist to make reports and recommendations, and you will have to undergo rigorous parental capability testing. The children's own wishes can,at their age, have an imporant role, especially if both parents have similar parenting abilities.

They look for which of the two parents has the superior parenting ability and skills, and can cater for the children's physical and emotional needs best. They will pay attention to the ability of each parent to separate the children's needs from his/her own, and genuinely respect the importance of the minors having an ongoing and meaningful relationship with the other parent. They will be mindful of a parent's inability to separate the battle with the other parent from the children's needs.

As a rule, courts in Israel are loathe to split up siblings, and only do so as an exception,usually after receiving the recommendations of a neutral professional appointed,which take into account the children's wishes, if they are of sufficient age and maturity. The chances of children being split up are greater the older they are, as their wishes play a more important role.

When the custody order does not relate to just one of the two parents, but is joint, relating to them both. The parents are joint custodians, rather than one parent only being custodian and the other having visitation rights.

The children 'live' with both parents, spending set times with each parent. Joint custody is the exception, and requires a high degree of co-operation and understanding between parents, who usually need to live close to one another  for the arrangement to work.

The Israeli court having jurisdiction over the custody proceedings. At first level, this is usually the familly court, but can be a religious court, in certain circumstances.  Custody will be awarded to the parent who has superior parenting ability and skills, usually on the basis of recommendations of reports prepared by professionals such as a social worker and/or  a clinical pyschologist. The court must make a decision in the 'child's good'  and is usually guided by the professional/'s recommendation, but is  not bound to follow it.

No! Israeli law provides an inbuilt advantage in favour of normative mothers as custodians where the child is under the age of 6.

Yes! Firstly, rulings on child custody are never final, regardless of whether they derive from parental agreement or a court battle. If both parents are in agreement, a joint application can be made to court about the transfer of custody. If,  however, the father is willing to be custodian, the daughter wants to live with him, but the mother objects, then legal proceedings to file for a change of custody can be made, in which case there will be a judicial decision one way or another. The 'child's good' will be the paramount factor ,and the wishes of a 12 year old child will normally be given considerable weight, and can sway the decision.