• English
  • עברית
Home » » Children/Minors

Is a child bound by terms of an agreement made by his/her parents regarding custody and visitation ?

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.