If single, gay adoption is legal in the country where you adopt the child,and the actual adoption was carried out according to law, then in principle, then you should be able to register the adoption at the Ministry of Interior in Israel.If you have difficulty, you can bring legal action against the refusal. The legal barriers under Israeli law preventing adoption on the grounds of sexual orientation alone have now been lifted.

Usually, but there are exceptions which allow the court to grant an adoption order even if a biological parent objects.

Yes, but only after he/she reaches the age of 18.

Yes!

Adoption of someone over 18 is possible, as an exception, under the Adoption of Children Act, 1981. Our legal practice, has successfully handled cases of adoption of an adult in similar circumstances.

Yes - you need to apply to open up your adoption file via the Child's Service Bureau ("Sherut LeMan Hayeled") in the area where you live.

Adoption within the enlarged family is possible, in certain circumstances.

Yes, this is now possible under Israel law, if , in the circumstances of the case, this would be in the child's good. Previously, single sex adoption was not permitted, but following a precedent setting decision, it is now possible.

Yes, if this is held to be in the child's good, as following Israeli court precedent it is no longer permissible to discriminate against a potential adoptive parent because he/she is homosexual or lesbian.

In principle , according to the 1981 Child Adoption Act, a female candidate for adoption has to be a married woman, though there are exceptions in which a single person can adopt, for example, where both parents are killed, and an unmarried relative wishes to adopt, or where a parent or adoptive parents dies, and the surviving partner applies. It is now also possible for a Lesbian woman to adopt her female partner's child.

The fifteeenth of that month. This is a legal assumption found in the 1962 Legal Capacity and Guardianship Act.

Yes, the 1962 Legal Capacity and Guardianship Act states that where the year in which a person was born is known, but not his exact date of birth, then there is a legal assumption that it was on the first of the Hebrew month of Nissan. 

A whole range of rights and obligations are affected by the age recorded in an Israeli I.D. card, ranging from  eligibility to vote in local and national elections, conscription into the army ,length of compulsory service  and reserve duty , through elegibility for various benefits, concerning mortgage and housing , right  through to those related to retirement and pension.

Both written evidence and oral testimony from relatives and other people are acceptable as evidence in applications to change the registered age of a person in Israeli government records. Clearly, written evidence is preferable to oral evidence, especially of relatives, and the more independent it is, the greater its evidential weight.

At the family court serving the area in which you live.

Yes - for example, the correct recording of your age affects your eligibility  for many rights, the key ones relating to  pension. If you are registered as being younger than you really are, then you will not be able to get your pension and other retirement benefits according to your real age, but will have to wait, because your recorded age lags behind. You can apply to have  your recorded age corrected, at the family court.

Yes! It is within an Israeli court's powers to authorize an agreement in English,as an exception, but it can request a Hebrew version or a translation.

Not necessarily! The Supreme Court has held that agreements made by parents about their child maintenance are not binding on them. Where there has been a substantial change of circumstances agreements on child maintenance can be opened up,even if the parent with custody undertook not to file for an increase. Children have rights of their own,independent of deals made by their parents about them,and these cannot be compromised. They can act,via the parental parent,as their natural guardian, and file for an increase in child maintenance from the non-custodial parent. 

Yes , but it must be authorised by court to have binding legal value.

No! Under Israel will, a child cannot be forced to see the non-custodial parent against his/her will, by the use of enforcement agencies such as the police or the Bailiff's. Sometimes, however, the court can be involved in giving instructions regarding the involvement of professionals to  report on the relationship between a minor and the non-custodial parent, and make recommendations, with the view to improving the situation.

While you cannot enforce your ex-husband's obligation to help your daughter prepare homework and revise for exams, at the Bailiff's, you can enforce such an obligation by applying for an increase in child maintenance, due to his omission to help her, and the ensuing increase in educational costs ,relating to private lessons, paid coaching/extra lessons via school etc. However, it is that the cost of bringing such legal action may not be justified.

No! It would be void and have no legal value,because the girlfriend is a minor, and therefore lacks legal capacity to enter into such an agreement. The fact that a lawyer witnessed the signatures would not give it legal value that it lacks.

Yes, property relations agreements can be made before marriage, when they are called 'pre-marital' or 'pre-nuptial agreements', or during the course of the marriage. If you make one when you are already married you must get it authorised in court, for it to have full legal force.

You can either apply to cancel the agreement due to a fundamental breach of its terms, or you can apply to enforce it, at the Bailiff's Office.

This depends on the wording of the agreement you made, and whether, for example, it relates to the possibility of marriage. If it does, then, on the face of it, there would be no need to make an additional, property relations agreement. If your original agreement is silent on the subject, then it is preferable to make another  agreement, to clarify the situation, especially if your wish anything other than the normal 50:50 principle, that applies to married couples under Israeli law, to apply.  

This depends on the wording of the agreement you made, and whether, for example, it relates to the possibility of marriage. If it does,then ,on the face of it, there would be no need to make an additional , property relations agreement. If your original agreement is silent on the subject, then it is preferable to make another  agreement, to clarify the situation, especially if your wish anything other than the normal 50:50 principle , that applies to married couples under Israeli law, to apply.  

Until a divorce agreement has been authorised by court it has no full, binding legal value. You can inform him in writing that you are cancelling it and refrain from getting court authorisation.

Consent to end the marriage, custody,visitation rights and child maintenance, division of property, including the marital home, pension and other work related benefits, life insurance etc 

Definitely - an agreement can be professionally drafted that allows the parties to maneouvre in either direction, towards marital reconciliation or divorce. It can also deal with the terms and mechanisms for either.

Firstly, under Israeli law property acquired by one party before the marriage is  not generally regarded as joint property, that can be balanced out between spouses. This principle is so, even if a pre-marital agreement which would make this even clearer, and erase any doubt, is not signed. Secondly, your son would be advised to keep this money separate, in a bank account in his name only, and not put it in a joint account.

Yes, an an exception, and if stated so in the arbitration agreement.

Declaration of a person as bankrupt protects him against creditors and prevents them from being able to get all or part of the debt. In contrast, an order for paying a debt/debts in installments, as part of combining files against a debtor at the bailiff's, does provide certain protection from creditors but does not relieve the debtor  of the obligation to pay the debt. He still has to pay it back - but just a little at a time, over a long period . Furthermore, the debtor is not protected from changes in the order that may be made if his situation improves , or if new facts ,unknown at the time, are discovered concerning his financial situation. 

No! An undisputed  maintenance debt is a guaranteed debt in bankruptcy proceedings, and the person against whom it has been made cannot apply for its cancellation just because of the bankruptcy proceedings. If, however,  he has paid the alleged maintenance debt, he is entitled, like any debtor, to challenge it, at the Bailiff's office,and prove that he has paid it. 

Over ten years old! Gifts made  more than ten years previously are 'safe' from bankruptcy proceedings taken against the donor.

The District Court.

No! After a person has been declared bankrupt by the District Court he is prevented by Israeli law from starting or operating a business as a self-employed person.  As well as limitations on freedom of occupation, a bankrupt person faces restrictions on his/her freedom of  movement, too, and cannot travel abroad, without special permission.

Yes!

Not as a non-bankrupt person can do, as he/she pleases. A person who has been declared bankrupt must apply and get permission for the order preventing him/her from  leaving Israel to be lifted. In order to get the order lifted temporarily, for a limited time, and specified period, he/she must apply for permission,giving reasons and grounds. The application is likely to be passed to the Official  Property Receiver. Meanwhile, the applicant should seek the consent of his Trustee in Bankruptcy, and try and find a few guarantors. Without the consent of the Official Property Receiver and/or the Trustee in Bankruptcy, the bankrupt individual will have to persuade the court to allow him/her to leave Israel for a set period.

Not necessarily - it all depends on whether he was solvent at the relevant time, and whether title of the apartment has been transferred into your name. Gifts given between 2-10  years before the person making them was declared bankrupt still 'hold' if the recipient can prove that the former was solvent immediately after giving them, and that rights in the property have been transferred.

In principle, yes.

No! A trustee in bankruptcy is appointed to manage the affairs of someone who has been declared bankrupt and has powers to  allocate part of the bankruptee's salary to paying off debts, but must leave enough for that person to survive.

The mother can apply to the relevant Israeli family court for an urgent ex-parte order preventing the departure of the child from Israel,and specifically request that the child's foreign passport details are included in it, in order to prevent his abduction by his father,or a third party. The foreign embassy should also be informed of the order so that a replacement foreign passport, or temporary travel document (Laissez Passer) is not issued for the child meantime, based on a possible false declaration by the father that the child's passport has been lost.

Bring child abduction proceedings under the Hague Convention, which binds both Israel and the U.K, and request an order for the minors' "prompt" return to Israel, which is their country of habitual residence.

No! The Hague Convention only relates to acts of abduction concerning minors aged under the age of 16. Once a minor reaches 16, even during the height of proceedings, the Hague Convention cannot be applied.

Yes! China (apart from the Hong Kong and Macau regions) is not a party to the Hague Convention on child abduction, so that if the wife/mother does not return the child to Israel at the end of the planned visit, the husband/father cannot take advantage of the convention to get the minor back home, even though Israel is bound by it. The family law system in China favours parents who are nationals over non-Chinese parents and does not normally recognize or honour foreign agreements or court judgments concerning Chinese children,even if they also have Israeli nationality,according to Israeli law. Accordingly, an Israeli father who consents to his child visiting China in these circumstances is at considerable risk of never seeing his child again outside China, and is virtually dependent on the mother's goodwill. He can reduce the risk somewhat by conditioning the visit on substantial financial guarantees.

Fortunately for you,the Hague Convention on the Civil Aspects of Child Abduction is now in force between Israel and Morocco, and can be used in child abduction proceedings in Morocco, to get your abducted son back home, to Israel, which would appear to be his country of habitual residence. A parent's refusal to return a child to his "home" country, at the end of the agreed period for a visit, and the child's continued presence overseas, constitutes an "act of abduction".

The convention applies to acts of abduction between Israel and Morocco, as of is 1.6.2010, when Israel's acceptance of Morocco's accession to the convention came into force. 

Bring legal action in Israel for a Hague Convention order for the return of your abducted child, as soon as possible. Your husband's refusal to return your child, against your wishes, after the agreed period of the visit, is an act of child abduction. Singapore recently acceded to the 1980 Hague Convention on the Civil Aspects of child abduction,and,following Israel's acceptance of Singapore's succession,as of 1.9.2011, the convention is in force betweeen Israel and Singapore, and can be used in child abduction cases involving the two countries.

Yes! The non-return of a minor under the age of 16 to the country representing the centre of his life, is likely to be regarded as an act of abduction under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and the United States. The father could initiate child abduction proceedings for the minor's return but the refusal of a 15 year old is likely to be regarded as a legitimate reason for the non-granting of an order for his return to Israel, in a U.S. court, which would hear the Hague proceedings.

The problem may be solved by negotiation between the parents, out of respect for their son's true wishes. If such negotiation succeeds, a new agreement should be drafted which provides for the legal transfer of the minor into the mother's custody and his relocation to Israel , and , of course, for the provision of visitation rights for the father. The agreement should be authorised in the relevant courts, in Israel and America. If no settlement is reached, and/or the minor is not voluntarily returned to Israel, then there may be no choice other than to wage a legal battle, in the United States, either for the minor's return, or over his custody.

Yes, it is possible, though difficult, as the Philippine Islands are not bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, which makes the process of returning abducted children much easier.  Legal action can be brought outside the convention in the Philippine courts, to get your children returned. Our legal practice can assist in this matter and work together with lawyers in the Philippines to act to secure the return of your children.

Incidentally, in 2010 the Philippines became a member of  the Hague Convention on Private International Law. Furthermore, the Philippines is the chosen venue for the 4th Asia Pacific Regional Conference at the end of October 2011, and one of the subjects being discussed is the Hague Convention dealing with child abduction. It is possible that the Philippines will become a "Hague child abduction Country" in the near future, but is is not currently , so that child abductions to or from the Philippines, are not covered by the Hague Convention, even if the other state involved is bound by it.

Firstly, if you relocate to Israel with the children, after being denied permission by an American court, rather than appealing , you will be taking the law into your own hands, ,and will very likely face proceedings in Israel  brought by their father, under the 1980 Hague Convention on the Civil Aspects of Child Abduction. This convention binds both Israel and the U.S.A. You can expect to have to defend a plea for an order for the children’s prompt return, in proceedings against you at the family court in Israel.

From your brief description , your planned actions would appear to be an “act of abduction” under the convention – a wrongful removal of the minors, from their country of habitual residence ,in breach of their father’s parental rights, if he has been exercising them (i.e. has been in contact with the children) up until the “abduction”. A few possible recognized defences might be relevant, but you would need to consult with a family law expert experienced in Hague Cases, to assess all the necessary background,and available evidence,and get strong professional advice, and representation, if relevant . Hague defences are very difficult to prove,and the Convention is strictly interpreted by the Israeli courts.

One possible defence, if you do face Hague proceedings, would be the children’s own refusal to return. Children of 12 and 10 would probably be regarded as sufficiently mature to have their opinions taken into account, and the Israeli family court would probably appoint an expert to determine whether this is indeed the case, and that their refusal was genuine,and that they had not been “brainwashed” or pressurized by you. Another possible defence ,related to the accommodation issue you mention, is that a return to the States would pose a “grave risk” to the children – and place them in an “impossible situation” . The expert, if appointed, would probably be asked to give his opinion on this , too.

Of course, there is also the possibility that their father will back down and negotiate an overall settlement,allowing the children to remain in Israel with you. In this connection, if you “play for time”, it is possible that their father may not initiate proceedings immediately,and if he does so, after some time, further defences may become relevant – that the children are settled in to their new environment,and that Israel, and not the States, is now their country of habitual residence, or that their father “acquiesced” (agreed after the fact), if you can provide suitable evidence.

You can start legal proceedings for a return order under the Hague Convention, directly in Israel, at the family court serving the area where the children are located, through a lawyer specializing in child abduction. Non-return of minors to their country of habitual residence (in your case, the States), by one parent against the other's wishes, is a form of child abduction. From your description, your chances of getting a prompt return order under the 1980 Hague Convention on the Civil Aspects of Child Abduction are good,if you are a normative parent, unless you make legal mistakes now, e.g. are tricked over the phone into “acquiescing”  to the children’s continued presence in Israel ,while trying to discuss matters . Our legal practice can initiate legal proceedings within a matter of days, and has successfully obtained return orders or negotiated voluntary returns of children abducted to Israel, from various countries.

Yes , you can bring Hague Convention proceedings to actualise visitation rights, even though you appear to have "missed the boat" to get an order for the children's actual  return to Israel. Under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and Belgium,a parent has a 12 month window -of -opportunity to bring action to get  abducted children returned to their country of habitual residence, if they were wrongly retained overseas,against one parent's wishes. It appears too late for you to get a Hague Convention order for the return of your abducted children from Belgium to Israel, but you can apply to enforce rights of visitation, under the Convention.

Yes, as part of a judgment ordering a mother to return her baby daughter to Finland, Rishon LeZion Family Court held, in January 2011,that if she did not carry out the order, the police could intervene and "assist" her. It specifically stated that the mother, who had abducted the child,should only receive the minor’s passport after the policeman had ensured that the child had boarded the plane to Finland.

In other cases, the return order may specifically state that if the abducting parent does not return the abducted minor by a specific date, the parent who sought and obtained the return order, can return the child him/herself.

Yes! In January 2011 Rishon LeZion Family Court in Israel granted an order for the return of an abducted baby to Finland, and in its judgment ordered the mother,who had abducted the minor, to reimburse the father for the money he paid on flight tickets and hotel accommodation he incurred as a result of the abduction.

Yes! Although consent by a parent, once given, is a defence in Hague Convention proceedings for the return of abducted minors, and cannot be retracted, this only holds if the consent is real, freely given, clear and unconditional. The parent claiming consent as a defence to the child abduction proceedings has the burden of proving that the consent was valid.
Consent obtained by trickery or under duress is not true and valid consent. If the father brings Hague Convention proceedings, for the return of children allegedly retained in Israel against his will, and can prove that the alleged consent was not valid, or was conditional, or limited in time, then he has a chance of his children being ordered home.
The Israeli court hearing the case will have to decide, on the basis of the pleadings and evidence,both written and oral, including the actual wording of the note itself, the circumstances and conditions under which it was made, and from cross examination of the parties and witnesses on the subject, whether the father really ‘consented’ to his children remaining in Israel or not. If it decides that his consent was valid, then, the court has discretion not to order a prompt return of the minors. If , however, the court decides that the consent was not valid, then it will be under an obligation to order the children home promptly, unless there are other grounds for a valid defence.

Another possible defence, related to consent, is ”acquiescence” (retroactive consent). Again, the burden of proof lies with the person defending the child abduction proceedings.

The chances are slim. As part of an appeal before the Supreme Court of Israel in August 2010 concerning a child abducted from the United States to Israel, it was held that: “..experience shows that aside from exceptional cases such as the abduction of the child using violence or repeated abductions – the chance…of (her) being arrested are not great…we will not accept the claim that the abducting parent will be able to claim that there is an obligation to leave the child in the country to which he was taken because of the fear of arrest in the state where the abduction was carried out. Of course, this is not the viewpoint of caselaw.”

Only after a year has passed since the alleged act of abduction and the start of Hague Convention proceedings in Israel. The Israeli Supreme Court emphasized this in August 2010 concerning a child whose return was sought to Nevada, U.S.A. What matters is when the Hague file was opened, not when the court really started discussing the case, it said. The latter interpretation of the ‘opening’ of proceedings was wrong, contrary to the Hague Convention and would encourage abduction, it said.

A special plea for his return can be made at the appropriate Israeli family court based on the recognition of foreign order/s for the return of the protected person or vulnerable adult.

Our law practice successfully represented the UK mother of a 21 year old mentally handicapped  daughter with autistic tendencies, epilepsy and challenging behaviour who lacked legal capacity in the UK and who had been abducted to Israel by her father. She was returned to the UK  within 7 weeks of legal proceedings being opened in Israel. A Habeas Corpus plea based on the recognition of the UK orders was filed on the mother's behalf. The judgment ordering the daughter's return was given by Tel Aviv Family Court in the Spring of 2010, and withstood two unsuccessful attempts by the father, who had applied for a stay of proceedings at the District and then the Supreme Court , to stall the implementation of the return order, prior to actually filing an appeal at the District Court.  He later withdrew his appeal at the District Court.

The daughter was  abducted by her  father who had acted to foil a residential placement based on a 'best interests' judgment by the High Court of Justice (Family Division) in London , which was not to  his liking.

As the daughter was over 16 the Hague Convention on the Civil Aspects of Child Abduction did not apply,although both Israel and the U.K. are bound by it. A Hague Convention dealing with  vulnerable adults does not apply to  abductions between Israel and the U.K., so that a legal lacuna (loophole) existed as to the appropriate legal steps to be taken.

Yes, as part of a voluntary return or indeed a forced return order , the court in Israel can set down basic undertakings or stipulations on this. For example, in December 2010 Nazareth Family Court )case 54043-08-10) ordered a baby who had wrongfully retained by her mother in Israel, back to the U.S., but ordered the father to deposit 6,000 dollars in a trustee account in the States, which she would receive immediately upon her return there with the minor, on account of financial support for herself and the child, to be decided upon by a court there.

Yes ! Courts dealing with Hague Convention cases have declared many times that the status of the parent seeking a return order, and that of the child in the country where he was allegedly living up until the time of the wrongful removal or retention is irrelevant. In December 2010 in case 54043-08-10 Nazareth Family Court ordered the return of a baby ,who had been wrongly retained in Israel by his mother, to the United States even though the applicant father’s status there was at risk after his wife had notified the authorities that she was stopping her studies there, so that her husband’s visa, which was dependent on her student visa, would be at risk, too. 

You can avoid risking facing child abduction proceedings if you have a written agreement drawn up between you and your husband ,in Israel, which gives you the express ,legal right to return to Israel with the children,should you wish to do so. The agreement should be drafted by a lawyer specialising in international child custody disputes ,and would ,of course, use appropriate language to safeguard your interests. It should, preferably, be authorised at a family court in Israel before you leave Israel for Canada,to give it maximum legal force.

Such a carefully worded court authorised agreement would provide a clear defence if , for instance, you returned to Israel with the children,as you were entitled to, but,despite everything, your husband did try to bring child abduction proceedings in Israel ,to return the children to Canada. Israel and Canada are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, and the agreement would be regarded as clear 'consent' on the part of your husband to the children returning to Israel and living here. Once clear consent is given,it cannot be taken back,and,as such, your husband's attempt to get a return order would be rejected.

Additionally, if the wording of the agreement were sufficiently professional, it would state that Israel was to remain the family's/children's country of habitual residence,despite the temporary move to Canada,and as such, your husband's plea would fail.

Accordingly, your husband would be prevented by the agreement from proving that you had wrongly removed the children from their country of habitual residence, as required ,in order to get a 'return order',as Israel,and not Canada,would be the children's country of habitual residence,and his prior consent had been given to the move -  in the court authorised agreement.

As  Israel and France are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, you can apply for an order to return the children ,from France,where they are being wrongfully retained by their mother,against your will, to Israel,the country of their habitual residence. Wrongful retention of minors in a country where they are not habitually resident is recognised as an act of child abduction under the Convention . You are entitled to bring Hague Convention child abduction proceedings for their return.

The case will be heard in France,but much of the preparation of the file will need to be carried out in Israel. Although under the convention you are entitled to free legal representation by a lawyer overseas,in the proceedings in the appropriate French court, you would be advised to engage an Israeli lawyer,too,who specialises in child abduction. The latter should be able to assist in the preparation of affidavits and in obtaining vital evidence, from Israel, to build and strengthen your case . He/she would help prove your claims, and help disprove any defences claimed by your wife, and would work in conjunction with your lawyer overseas.

By invoking the 1980 Hague Convention on the Civil Aspects of Child Abduction which applies to alleged acts of international child abduction between Israel and Thailand since 1/11/03. You can start off the process in Israel but the proceedings will take place in Thailand and you will be appointed a lawyer by the Central Authority in Thailand ,created  under the convention, to represent you there.

Since 1/2/07 the 1980 Hague Convention on the Civil Aspects of child abduction applies to alleged international child abduction between Israel and the Ukraine. You can bring Hague Convention proceedings for the return of your son,who appears to have been 'wrongfully retained' in Israel by his mother, and ask the family court in Israel,which will hear the proceedings, for a return order.

No! You are not entitled to remain abroad with your children,against your husband's wishes. If you do so, you risk him bringing legal proceedings against you in the U.K., for their return to Israel, following their 'wrongful retention',an 'act of abduction' under the 1980 Hague Convention on the Civil Aspects of Child Abduction,which binds both Israel and the U.K. Marital breakdown is no defence or excuse to child abduction,under this convention.

No! The management of a 'Hague Convention' child abduction case does not,in itself, give the Israeli family court dealing with it jurisdiction over proceedings such as child custody or maitnenance,where the family's place of habitual residence and centre of life is abroad. In practice, though, a parent who abducts a child to Israel may be inclined to start legal proceedings concerning the minor e.g. child custody and maintenance, in Israel.

However, according to section 16 of the Hague Convention (Return of Abducted Children) Act of 1991,where the left-behind parent brings Hague Convention proceedings in an Israeli family court, the latter must deal first of all with the abduction proceedings, and cannot deal with any other matters meantime. If the left-behind parent wins and a return order is granted, the court will not have jurisdiction to hear other files concerning the minor as in the Hague case it will have been established that the child's place of habitual residence was overseas,and not Israel.If, however, the left-behind parent fails to get a return order, and the minor is not returned abroad, then jurisdiction for other proceedings concerning him will lie in Israel.

No! While Israeli is a signatory to the 1980 Hague Convention on the Civil Aspects of Child Abduction,Russia is not. You will have to bring proceedings directly n the Russian court proceedings, and cannot use the legal apparatus in Israel that applies to Hague Convention cases.

An urgent ex-parte court order can be applied for and obtained from the family court to prevent the baby being taken out of Israel,because of the threats and real risk that the father will attempt to abduct him, and travel abroad with him,without the mother's consent. As the minor has dual nationality and bears the father's surname, the father may attempt and even be able to get foreign travel documents for him,depending on the particular rules of the consulate involved. Once obtained, the court order can be registered with the Israeli Border Police.

Furthermore, as a further precautionary measure, your daughter should contact the relevant foreign embassy as the child is probably entitled to foreign citizenship through her father.Accordingly, there is the possibility of foreign travel documents being issued covering your grandchild,that might be used in an abduction attempt. You should update the foreign embassy and,in the circumstances, state your clear objection to any foreign passport or temporary travel document being issued for the child, at the father's request, and given to him.

No, not at all. Do not be confused by terminology. You have to prove that under Israeli law you have what is termed 'rights of custody' in terms of the 1980 Hague Convention on the Civil Aspects of Child Abduction. Visitation rights in Israel count as 'rights of custody' in Hague Convention child abduction proceedings. Thus you are able to initiate Hague proceedings for the return of your abducted children to Israel, even though  you are not the custodian.  Failure to give non-custodial parents this right to get their abducted minors back would make a mockery of the convention as a custodial parent would have the green light to abduct from Israel , under cover of a custody order !

No! Under Israeli law a biological father is a child's natural guardian even if unmarried or separated from the mother, and has clear rights. If you relocate abroad without the father's knowledge and consent, this amounts to an act of chid abduction,and you are liable to face Hague Convention proceedings.

Yes ! A non-custodial parent with visitation rights can certainly bring Hague Convention child abduction proceedings.

While technically speaking the Hague Convention gives a 'left-behind' parent up to 12 months to act from the time of abduction until starting legal proceedings, the reality is that he/she is strongly advised to act almost immediately, to increase the chances of securing the child's 'prompt' return. The sooner a 'left-behind'  parent acts the greater the chance of securing a return, and vice versa. A 'left-behind' parent who acts within days or a few weeks of an abduction will increase the chances of his/her abducted child being returned quickly.

In many 'Hague' countries, courts have held that a child can establish habitual residence in the new country very quickly, for example, after a few months, and in some cases, even sooner. If it is proved that a child has become habitually resident in the new country, this means that a request for a return order would be rejected on the grounds of  failure to prove 'habitual residence' i.e. that the child was no longer habitually resident in the 'old country' even if he had been wrongly removed.

Yes, if the children have been living in Israel for more than a year, and were abducted from another 'Hague' country, then , according to the Hague Convention on the Civil Aspects of Child Abduction, the court has discretion not to order a return them, if it has been proved that they are now 'settled' into their new environment.

In practice, however, children who have been abducted to Israel, from another country which is bound by the Hague Convention, may not be subject to a return order, on the grounds that Israel, and not the country where they were allegedly abducted from, is the country of habitual residence . A child can establish habitual residence in Israel relatively quickly, and a Hague return order can be refused , because Israel has now become his/her country of habitual residence. Accordingly, it is important to act very quickly to ensure a quick and prompt return of abducted minors.

Also, the  longer a 'left-behind' parent  waits without acting the greater the chances of acquiesence being successfully claimed by the abducting parent.  

The classic defences are that a return order would put the child at  a 'grave risk' of physical or psychological danger, or place him/her in an otherwise 'intolerable situation'.

In addition, there are defences of consent and acquiescence. Where the child is older, his/her own genuine refusal may prevent a return order.

A parent defending a Hague case can also dispute key elements that need  to be proved e.g. habitual residence - he/she can challenge the alleged claim that the children were removed from a country where they were habitually resident.

Acquiesence (agreeing after something has happened) is one of the defences in Hague Convention child abduction proceedings. You will have to prove it.

Apply for an ex-parte order from the family court preventing the minors from being taken out of Israel, to prevent them being abducted. If granted, and registered with the border police, then if your wife attempts to leave Israel with the children, then they should be stopped ,on the basis of I.D. and passport numbers you provide.

That issues of custody should be decided in the country where the children normally live (or are 'habitually resident' in Hague language) by the appropriate court. Parents cannot take the law into their own hands , move children around unlawfully and cause them trauma.

States that are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction are supposed to engage in " first-aid" legal proceedings to secure a fast return of wrongly removed or retained minors, to their 'country of habitual residence'). Defences are limited, and a high standard of proof is expected.

Bring Hague Convention child abduction proceedings for their return from France to Israel.Both states are bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction, through which a return order can be requested ordering the minors back to the country of habitual residence. Your wife's removal of the children from Israel ,without your consent, was wrong, and an act of child abduction.

Yes - it is 'wrongful retention' , one of two possible acts of child abduction, under the 1980 Hague Convention on the Civil Aspects of Child Abduction, which binds both Israel and the U.S.A. Once your wife refuses to return the children beyond the time scale you consented to, then your consent ends, their continued stay is illegal, and an act of child abduction.

The Russian Federation only signed the Hague Convention on the Civil Aspects of Child Abduction in 2011, and Israel has not yet approved its accession. Accordingly, the convention is not yet in force regarding cases of child abduction between Israel and the Russia. This means that you cannot use the fast-track mechanism created by the convention to get your abducted son back. You can use other legal proceedings to secure his return to Russia, and apply for a "Habeas Corpus" order in Israel.

Yes! Initially, however, she will have to overcome possible prejudice or stigma associated with the child abduction proceedings,when she files for custody in Israel, but if the court decides that it is in the children's best interests to be in her custody rather than the father's, after receiving reports and recommendations from professional/s, then she can gain custody, even if she was found to have wrongfully removed or retained the children in the child abduction proceedings overseas.

In October 2011 a mother who voluntarily returned to Israel with her son, after the father initiated Hague Convention child abduction proceedings against her in Canada, and who was represented by our office in custody proceedings in Israel, was declared the custodial parent of her 7 year old son by Tiberias Family Court.

Yes, if your daughter is  normative,and your grandchild is under the age of 6,and she has been his primary caregiver since birth,then, with correct legal represenation, she should be able to gain custody in legal proceedings she should initiate in Israel. Israeli law gives mothers of children under 6 an inbuilt advantage as custodians,and only rarely will a mother of a child under this age not gain custody.

This should be the case ,too, with your daughter,despite her husband's threats,and  if the court determines that it is in the child's interests to be in her custody,and not the father's,then the appropriate visa arrangements can be made, with the Ministry of Interior,for her to stay in Israel with the child, who, by virtue of being born to an Israeli citizen,will, himself,  have  no problem of staying in Israel. Your daughter's status in Israel, however, depends on being married to and cohabiting with her husband, who is an Israeli citizen,unless she gains sole or at least joint  custody of their mutual child, if they separate or divorce.

Yes! If the mother agrees, it is possible to get an agreement  about joint custody drafted and authorized by the family court. If the mother is unwilling to agree to this outright,but there is de facto co-operation between you two on this ,  you are both capable parents and respect one another’s parental role, and are  both highly involved in your mutual children’s lives, then it is possible that the court will award joint custody,especially if the court-appointed welfare officer recommends this to be in the minors’ best interests.

Traditionally, courts in Israel demanded a very high degree of co-operation ,mutual respect  and involvement in the children’s lives before they would award separated parents joint custody. They also conditioned joint custody on the parents living very close to each other, and, of course,having the requisite parental skills.

Appeal the decision. Refusing to allow the appointment of an expert is tantamount to denying you the right to bring evidence, as the Supreme Court has established that professional reports are a vital tool in helping judges reach opinions in custody cases. You have 30 days to seek permission to appeal from the District Court on this temporary decision regarding the management of the case.

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.

She should try and get the father's consent to the children's relocation overseas. If he consents,an agreement should be drawn up, for authorization by court. However, if the father does not consent, then a carefully reasoned plea should be filed in court, in Israel,requesting the children's relocation overseas. She should avoid taking the children overseas,without the father's consent, or court permission, because a unilateral act of relocation is likely to be considered an act of child abduction.

Yes! If you move to Israel with your wife and children, on the basis of an oral agreement only, you are putting yourself and them at risk of losing or harming your parent-child relationship, should your marriage break down in Israel. Your wife could be engineering a move,and plan to  "dump" you or demand a divorce or separation after the children have settled to life in Israel, forcing you to return to the States, having no legal status in Israel, as the separated spouse.

Basically, you should only agree to a trial relocation to Israel if your wife is willing to sign a carefully worded agreement , drafted by a specialist lawyer, to protect your interests. If your wife refuses to sign such an agreement, or refuses to have it authorised in court, in the States and in Israel before the intended move, then you would be uwise to agree.  

If the marriage breaks down and you do not live in the same country as your wife and chidlren, you could end up substituting a close father-child relationship into one of a distant relative.

A favourable report from the court-appointed clinical pyschologist. The Supreme Court has stated many times in the context of relocation cases that the report and recommendations of the court -appointed expert at the level of a clinical psychologist is a  key tool at the court’s disposal and forms a “substantial part” of the evidence in relocation cases, especially the testing of each parent's parental ability and suitability as custodian. It did so expressly in Leave of Civil Appeal 10060/07. Such independent evidence is of far greater significance than any evidence brought by a parent,though  a parent wishing to relocate must bring evidence to support his/her relocation plan regarding housing and schooling for the minors etc, employment opportunities and means of family support etc

This depends upon the wording of your agreement. If ,for example, the agreement dealing with you getting custody also specifically deals with permisssion for the child to live abroad, but also includes the option of returning to Israel, then it would appear that your return with the minor would not amount to child abduction. If, however, the agreement does  not deal with this option, then a one-sided return to Israel with her, on your part, without the father's consent, is likely to amount to child abduction, and put you at the risk of having to defend such proceedings.

If he and his parents cannot resolve the issue between them, and come to a court authorised agreement on this, then he can  file an independent plea for custody and relocation at the family court in Israel. The court will decide whether relocation would be in his interests/welfare. As a teenager, his views should  bear considerable weight, presuming he is found to be genuine in his wishes, and not been subject to brainwashing.

Not necessarily ! An agreement between parents does not bind the children,who are not parties to it. It may be possible for an independent relocation plea to be filed by the children themselves (via their mother, their natural guardian). Furthermore, decisions relating to minors are never final, in Israeli law, as circumstances and needs change. A court faced with a relocation plea has to decide if the move is in the children's welfare/interests i.e. is the least detrimental alternative.

There are a range of options, suitable to different situations, ranging from stating your lack of consent/objection in writing to her/her lawyer , to applying for a court order to prevent their departure from Israel , assuming  she has not opened a relocation file at the family court. If she has, then you can file your objection in your defence, and argue that relocation would not be in the children's welfare/interests and would be damaging to their emotional development.

Yes, it would be a legitimate reason, but the court would still have to be shown that relocation would be in the children's welfare /interest as this is the paramount factor in its decision making process.  

The mother has a right to a personal life and her wish to remarry should be respected, but she should also show that  her prospective husband cannot live in Israel e.g. for business/professional or other reasons.

Not if the court finds out your real motive is just to cut the children's father off from them. Permission to relocate minor children abroad is granted when the parent applying to relocate has reasonable and legitimate reasons and the move would be in the minors' good. A custodial parent hoping to relocate must also persuade the court that  he/she respects the children's right to have a meaningful and on-going relationship with the other parent and his right to the same with them. A relocation plan must include suggestions for securing that on-going relationship.

The family court. It has primary jurisdiction over the issue, and only where custody proceedings have previously taken place in a religious court, and in extremely exceptional circumstances, will the latter have jurisdiction over relocation.

Yes ! If their father objects, you will have to apply to the family court in Israel for custody of your mutual children, and permission to relocate back to the U.S. with them. The court will make a decision, based on the child's welfare/interests, after getting the opinion and recommendation of professionals it appoints. The mother of young children, who is  not a native-Israeli, and whose support system is based abroad, has a good chance of succeeding.

No! An Israeli custody order gives the custodial parent the right to determine where the children shall live within Israel. It does not give the custodial parent the right to relocate abroad with the children, or to travel abroad with them on holiday, without the other parent's consent, or court permission, in its absence. If you wish to relocate with your children to the U.K. legally, and not face child abduction proceedings, you must either gain  your husband's consent, preferably via a court-authorised agreement, or file to the court for permission to relocate with them - and win.

Very possibly, if the children become 'habitually resident' in Israel, and her husband/their father objects. If she returned overseas with the children without his consent, she could face child abduction proceedings. To relocate abroad with them again legally, she would either have to negotiate with him and make  a court-authorised agreement dealing with the issue and ensuring his visitation rights or,  if he was adamant in his objections, she would have to apply to court in Israel, for custody of the children and permission to relocate back abroad with them. 

Yes! The 1984 Civil Procedure Rules expressly state that in family proceedings concerning a minor, the child himself should be given the opportunity to express his feelings, opinions and wishes on the matter before the court, and that the court itself shall give appropriate weight to them in its decision, in accordance with his age and level of maturity.

Yes, and if the court dealing with the matter decides that maintaining the relationship is in the grandchildren's best interest then the grandparent  will succeed !

In September 2010 Jerusalem Family Court ordered a widowed father to allow his three children to have contact with their maternal grandparents, after he had prevented this. Their mother had committed suicide and the father claimed that contact with the maternal grandparents was harmful to them. They brought legal action against him. The  court held that the father's negative behaviour (refusal to co-operate with the welfare services and allow them to prepare a report and recommendations the court had ordered ) was sufficient for it to intervene and order contact between the girls and their maternal grandparents.  Parental autonomy is not absolute ,it held , and is subject to intervention by courts, who can make sure that a parent actually carries out his/her duties towards his/her minor children in a way that represents their best interest, not just as he/she sees fit. Having a relationship with extended family on both sides was very important, and helped a child form its identity, the court held.

See Visitation Rights

Yes! For example, in July 2011, Tel Aviv Family Court exercised its jurisdiction to intervene concerning a minor's health and gave an order permitting an operation to amputate a child's arm, in order to remove a cancerous growth and save her life. The mother, the child's sole parent and custodian, had objected.

The Tel Aviv hospital and the Ministry of Health had applied for permission to perform the life-saving operation, which they considered necessary to save the minor's life. The court overruled the mother's objections, saving they clashed with the minor's good. It ordered the operation, after receiving the opinions of several medical experts, ruling that it had "no choice", as the child herself acknowledged , and agreeing with their conclusion that without the operation the cancerous growth would spread from the bone to soft tissue and to the lung, and would result in the child's death.

Yes! You can apply to court for permission to take your son out of Israel for a visit overseas, for a specified period. You may be required to provide financial guarantees to ensure the child's return, if there is a risk of child abduction.

No! The 1980 Hague Convention on the Civil Aspects of Child Abduction still does not apply to legal proceedings for the return of children abducted between Israel and Russia.

Although the Russian Federation acceded to the Convention in 2011, its accession has to be approved by other "Hague Countries" for it to be in force. So far, only four Hague Countries have accepted Russia's accession - and Israel is not one of them. From 1.12.2011 the Hague Convention will apply to child abduction between Russia and Estonia, or Argentina, and, from 1.1.2012, to child abduction between Russia and France or Greece.

Yes, as the father and natural guardian of  your child under Israeli law, you certainly can bring legal action to get your child innoculated, according to the  recommended programme, as it is your parental right and duty to act in the minor's best interests,and for his/her good.

Issues of health still remain the responsibility of both the child's parents, as functions of their guardianship, even after they separate or divorce, and even if only one of them, in your case, your ex-wife, has custody. Decisions of a child's health are supposed to be made jointly, by mutual consent, and if this is not possible, you, as the child's father can bring legal action, against the child's mother,and  ask the court to intervene and rule on the dispute. You can specifically  request an order that will oblige her to get the child innoculated. The court may appoint an expert to give an opinion on the matter to see whether, in your child's circumstances,it is in his/her medical interests to be innoculated, before making a decision.

Such legal action can be taken before the family court, unless there is any reason for approaching a religious court (e.g. if the parents are religiously observant). Jurisdiction over matters concerning a child's guardianship usually lies with the family court, even after divorce,unless there is a specific mention of continuing, exclusive jurisdiction of a religious court, in the divorce agreement, once the marriage ends. Outside of this situation, if one parent brings the dispute before a religious court, after the divorce, and there is no exclusive continuing jurisdiction, the other parent would need to consent to the matter being dealt by it, rather than by a family court , for it to gain jurisdiciton.

No- you need advance court permission to effect the move if your ‘ex’ objects. If you act unilaterally,in spite of his objections, you are exposing yourself to legal action from him to get a court order preventing you from moving the children,and to make sure the status quo is preserved. Deciding where children live is an issue of guardianship which is supposed to be made jointly,by mutual consent, by the parents,even though one of them may technically be custodian. The court will decide whether the move is in the children’s good, or not, and will probably appoint a court welfare officer , or even a clinical psychologist, to make a report and recommendations in the matter. In the Summer of 2011 our law practice successfully represented a father in emergency proceedings before Tiberias Family Court and got appropriate orders against the mother ,who it held had acted in bad faith, against the child’s interests, and had taken the law into her own hands by moving their child ,in her temporary custody, from the North to the centre of Israel, despite his objections,in breach of the visitation regime which allowed father and son almost daily contact. The mother was ordered to move the child back up north. The decision withstood both applications to delay the implementation of the decision, and permission to appeal, filed on behalf of the  mother at Nazareth District Court , which were both struck out, at the recommendation of the court, which was very clear about the mother's wrongful behaviour.

Yes! You can apply for a temporary court order prohibiting the move and ask the court to rule on the issue. Even if your 'ex' wife has custody of your mutual child, you still have rights of guardianship that include the right to decide jointly with her about where your child lives. If she fails to respect those rights, then you have the option of applying to court to rule on the matter and would be advised to gain medical evidence on how the move would adversely affect the child's health. If you can persuade the court that this is really the case, then it can prevent the move, if it would be harmful to the child's health, and not be in his/her interests.

Yes, you can apply to court for an order preventing her from moving with the child, even though she may be the formal custodian, if the move will jeopordize your visitation rights,and your relationship with him, and be against his interests. Under Israeli law both parents have equal right in issues of guardianship relating to their minor children - including determining his/her place of residence - and are supposed to make decisions jointly. Where the parents disagree on the move, it is possible to ask the court to decide,and meanwhile, to forbid the move.

The Supreme Court held in a petition in 2004 that minors are not “bound” by the contents of agreements made by them as part of divorce settlements between their parents,and, as a rule are not stuck in the legal instance chosen by them either. Minors are bound by such agreements  where the court authorizing the agreement was really satisfied that it served the minors’ interests , but without a substantial hearing as to the minors’ interests, separate from their parents’ agenda within the divorce process, they cannot be seen as being “parties” to agreements concerning them,regarding custody, visitation or maintenance.

This position was underlined recently by Jerusalem District Court in January 2011 when it heard an appeal against the decision of the Family Court to cancel terms of a divorce agreement affecting children that had been authorized at the rabbinical court a few years previously.The appeal court held that the family court had been correct in cancelling the agreement, and stressed that in general parents are often preoccupied with their own agenda when they divorce and tend not to put enough emphasis on the children’s interests,even if unintentionally.

It should be pointed out that sometimes, though, very rarely, divorce agreements authorised at a rabbinical court have clauses giving exclusive, continuing jurisdiction concerning the children.

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. 

No! She can apply to the Israeli family (civil) court for custody of their mutual child, rather than the church or ecclesiastic court,if she wishes, providing that her husband has not already filed for divorce in the religious court first, and bound the issue of child custody to his divorce plea.

Orthodox  ( Eastern); Latin (Roman Catholic); Gregorian – Armenian; Armenian (Catholic); Syrian (Catholic); Greek Catholic; Maronite and Syrian Orthodox. Each of these are regarded as 'recognised religions' in Israel,based on legislation deriving from the British Mandate, and have their own recognised religious courts which have exclusive jurisdiction over matters of marriage and divorce where both parties are members .

Yes, but through the civil process of dissolution of marriage, at the family court, because although you are both Christian, only one of you belongs to a recognised religion in Israel, Roman Catholicism, with a religious court system. The Roman Catholic church court can only gain jurisdiction if both of you are members of its faith.

To start the process, you will have to file an application to the family court to dissolve  your marriage, and the vice-president will make a decision about which court has jurisdiction, after receiving any opinions necessary from the relevant religious court. As the Anglican church is not a recognised religious affiliation in Israel, only the Roman Catholic Church court will be approached. Jurisdiction will most likely be granted to the family court.

Only through the rabbinical court system in Israel, even though you are now Christian!  You need to obtain a 'get' (Jewish divorce). For the purposes of divorce what counts is your religious affiliation when you married. According to Jewish law, a person who is born Jewish, remains Jewish, even though they convert to another religion.

Parallel jurisdiction exists between the family (civil) court and the Roman Catholic Court, regarding  disputes concerning child custody and maintenance and visitation. A jurisdictional race exists - the parent who files first at a particular court causes that one to gain jurisdiction.

Yes! In August 2010 The Supreme Court of Justice upheld a decision given by the Ministry of Interior cancelling the citizenship granted to a man who “immigrated” to Israel in 1991 from Bulgaria, on the strength of false documentation about his mother’s Jewishness. The Ministry of Interior discovered the truth in 2007 after carrying out a serious investigation with the relevant documentary sources overseas.

This depends on the particular circumstances. It is likely that compensation can be obtained as the State of Israel bears responsibility for civil damage unless one of the exceptions applies .The 1952 Responsibility of the State For Civil Damage Act exempts the state of Israel for compensating individuals (or their families) for civil damage caused by its security forces when there is war, security is threatened, or their lives are in danger.

Yes, for the emotional suffering you  have endured, relating to the period of his refusal, after the judgment obliging him to divorce.

Yes! He can be filed and served with a civil damages plea based on the criminal conviction, and the case can be manged, even though he is in jail.Clearly, documentary evidence as to the damage the plaintiff/victim endured are needed.

Yes, though to get compensation on the basis of a successful plea for the civil wrong of breach of marriage is difficult, to prove and to quantify in terms of pain and suffering. A lot depends on whether the bridegroom was justified in cancelling the wedding, given the wife's behaviour.

It is easier to concentrate on the contractual elements - and to sue for recovery of expenses paid out for hiring the hall, buying the wedding dress, printing and sending out invitations etc.

He can certainly open a file against the woman - but will have virtually no chance of success. This is because under Israeli law adults having sexual intercourse take a risk as to possible consequences of their actions, and are responsible for them, even if the result is an unplanned or unwanted pregnancy and the birth of a child. Israeli law places an absolute burden of responsibility on the biological father of a child, to support the minor financially , regardless of whether he intended to create a child or not when he had sex with the mother. The mother of your child can sue you for paternity and child maintenance, on behalf of the minor.

Most probably not! The vital element of "family life" or cohabitation would appear to be missing for her to meet the legal requirements of a common-law wife, or cohabitee, under Israeli law. The Supreme Court has held that without this the woman is merely a "mistress".

No, contrary to popular myth.

No, definitely not. The apartment belongs to your 'ex' in-laws, and  you have no propery rights in it ! Your 'ex' is ,however, obliged to support the children, and to supply their accommodation needs somewhere.

As a rule of thumb, living under the same roof, joint running of a household, and usually intimate relations.

If you can prove that  you fit into the definition of a 'common-law' spouse or cohabitee, then you should be entitled to a share of the profits arising during the period of your mutual cohabitation.

Most probably, if you consented to the process, and this can be proved by your signature on medical documentation, and proof can be provided as to your relationship as cohabitees.

Absolutely not! Although you are still married to your wife , your separation is regarded as the point ending your marital partnership in property. You do not have any claim to any possible rights that your wife may be entitled to vis a vis the man with whom she is cohabiting.

Yes, The Terminally Ill Patients’ Act of 2005 allows a person to leave very specific advance medical instructions by stating which procedures he wishes to have or to avoid from a long, and very detailed list, which he is supposed to be guided through by a doctor or nurse. You have freedom of choice only up to a certain point as the act forbids mercy killing, assisted suicide and the cessation of ongoing medical treatment, except in certain situations.

Yes, the Terminally Ill Patients’ Act of 2005 lays down provisions for a person over the age of 17 to do this, to a certain extent. The act aims to find the correct balance between conflicting values – that of the sanctity of human life ,the autonomy of the individual and quality of life. The instructions are valid for 5 years and would apply in a situation whereby the patient had only six months to live, at the most.

Yes, recent Israeli legislation ,the Terminally Ill Patient Act of 2005 ,deals with this subject and provides for the making of an "Advance Medical Directive",akin to a "living will".

You can get legal advice from an lawyer experienced in the field who can represent you at the Ministry of Interior,and present your case there. If this fails, your lawyer can take legal action can at the special administrative section of the District Court against the Minister of Interior's refusal to recognise your marriage and start the 5 year residency/citizenship process applicable to foreign spouses of Israelis.

Yes, definitely so ! This right is enshrined in both the Human Dignity and Freedom Act of 1992 (a basic law, that has protected and elevated status), and in the 1965 Inheritance Law that gives a testator of sound mind the freedom to bequeath his property as he wishes, and be free of compulsion, pressure, undue influence etc.

Yes, the Supreme Court  has held that a child has a constitutional right to know the true identity of his/her parents. However, sometimes this is prevented , e.g. in paternity proceedings, where a request for genetic testing is rejected by the court, to save the minor from a risk of emotional damage , or from being labelled with the lowly status of a 'bastard'  under Jewish law. Adopted children have a right to open up their adoption file at the age of 18, to find out the identity of their biological parents and siblings.

Yes, every person is free to leave Israel, according to the 1992 Human Dignity and Freedom Act, which is a basic law, of elevated  and protected value. This freedom can only be infringed , by law, in very special circumstances, and in a certain way. Sometimes the freedom to depart from Israel's borders is infringed, if the person's exit is likely to hinder a legal process. The Supreme Court  has held that an exit order should only be  placed on a foreign resident, whose centre of life is outside Israel, in the rarest circumstances.

No! It exists in principle,  but not for every citizen or resident, as there is no formal mechanism like civil marriage for allowing couples who cannot marry according to the current law in Israel. The current law is based on vestiges from the British Mandate days and basically discriminates against 'mixed' religious couples, or those having no registered religious affiliation, who cannot marry according to religious law, and for whom no civil alternative exists in Israel. The nearest option for civil marriage is Cyprus.

The right to a personal life,including sexual contact and the right to procreate, is a basic constitutional right. You can file an administrative plea at the District Court, against the prison service's refusal to allow you  conjugal rights. You will have to prove that the refusal is extremely unreasonable, arbitrary and made in bad faith etc. Only rarely will a court interfere in the prison rules/discretion in such issues. If you fail at the District Court, you can ask the Supreme Court to allow you to appeal.

Yes! As you are both Jews living in Israel you will need to divorce through the rabbinical court system, in Israel, even though you married in a civil ceremony overseas. This is because under Israeli law , the rabbinical courts have exclusive jurisdiction over divorce between Jews living in Israel, or with a connection to it, irrespective of where in the world they married, and in what ceremony. Mutual consent is sufficient grounds for divorce under Jewish law.

You need a special get to erase all doubts of marriage,even though Jewish law does not recognize civil marriage.

Once you get a divorce judgment, and the "get" ceremony is completed, you can start the process of getting the divorce recognized in Canada. You need both a religious divorce in Israel and a civil divorce based upon its recognition, in Canada, to be eligible to remarry legally. 

If you don't get divorced in both countries you will still have a "limping" marriage, and if one of you remarries, you run the risk of being prosecuted in Israel for the criminal offence of bigamy, which is prohibited.

Yes! , it is possible to start dissolution of marriage proceedings in Israel, through a lawyer specialising in the field,and even obtain a divorce judgment, that can be recognised in Bulgaria,  while you are both overseas,most probably without the need for either of you to come to Israel.

Mutual consent is sufficient grounds for ending your marriage,under Israeli law, and a joint application to do so can be filed, in Israel, via an experienced lawyer in Israel, specialising in mixed- marriage divorces. All the relevant documentation can be signed abroad, either at your nearest Israeli Consulates, or before a notary, with the appropriate authorisation , including special powers of attorney and a  professionally-drafted dissolution of marriage agreement. A bureaucratic legal procedure is involved regarding your religious affiliation, but the family court in Israel has jurisdiction to dissolve a civil marriage between an Israeli citizen and a foreigner , of different religious affiliations, that took place abroad.

Our law practice has successfully obtained divorces for many couples in similar situations , over the years.

I am a Ghanian Christian, married to a Jewish Israeli woman ( civil wedding in Cyprus) who lives in Israel. We separated and I left Israel. We don't have any children. She wants a divorce. I agree to divorce but don't want to travel to Israel. Is this possible?

Yes! Our legal practice can draft a dissolution of marriage (civil divorce) agreement in English and Hebrew and represent you in proceedings to end your marriage at the family court, should you provide us with a properly authorised power of attorney.Under Israeli law mutual consent is sufficient grounds for ending a marriage between couples of different religious affiliations.

Yes, since new legislation came into force in September 2010,  a civil union, or "spousal covenant" is possible under Israeli law, but in a very restricted form, under specific circumstances, to  residents or citizens of Israel only, where neither of them has a registered religion.The Act on Spousal Covenant For Persons Having No Religious Affiliation (2010) allows such covenants to be listed on a register.

Civil marriage still does not exist within Israel, under Israeli law. Civil marriage outside of Israel is still the only option for couples of different religions or where one side has a registered religion.

No! As Israeli citizens and residents you are subject to Israeli law which adopts Jewish religious law. You need a 'doubting get' or religious divorce from the Rabbinical Court in Israel,even though you married in a civil ceremony abroad, in order to be regarded as 'free' to marry again, in Israel, or abroad.
 

By consenting to end the marriage, in writing,and, signing, a professionally drafted agreement concerning the dissolution of your marriage,which can be authorised by the family court in Israel,after your husband has also signed it.  You also need to sign a special, appropriate power of attorney allowing a lawyer to represent you,in Israel, during the proceedings,should you wish to return abroad meanwhile. You may also have to co-operate regarding the provision of information concerning your religious affiliation,as a technicality,depending on whether you belong to a religion recognised in Israel.

Mutual consent is sufficient grounds under Israeli law for ending a marriage between people of different religious affiliations,even if they married abroad,and one of them is a non-Israeli. Under Cypriot law foreigners who married in Cyprus must live over there for three months for a court in Cyprus to have jurisdiciton to deal with ending their marriage. Thus it is far easier and convenient for you to divorce via the Israeli legal system,but it is advisable to be represented by a specialist lawyer/attorney,in Israel, experienced at handling such cases.

In Israel - by the civil process of dissolution of marriage. Where non-Cypriot nationals get married in a civil wedding in Cyprus, but they do not actuallly live there, the family court there will not gain jurisdiction over proceedings to end the marriage as the residency requirements are not met. Accordingly, if one or both of you live in Israel, you can end your marriage in Israel, even though you married in Cyprus, and very quickly, too, if there is mutual consent. Otherwise, if the divorce is contested, you will need to prove grounds under Cypriot divorce law, and provide a legal opinion of an expert on this, within the dissolution of marriage proceedings that take place in Israel.

Yes! Where there is mutual consent , a civil marriage entered into overseas, involving an Israeli citizen and a foreign national of a different religion, like yours, can be ended by a process of dissolution of marriage in Israel , even if the non-Israeli spouse is abroad. Clearly, before you separate, it would be easier to organise the appropriate written consent and  power of attorney from your wife, authorised in the correct manner overseas, to enable the legal process to be managed correctly from Israel. If  handled correctly, from the procedural viewpoint, the process can even be started off in Israel, by counsel you apppoint , while you are still in India. It may be possible for you to remain overseas, if you would prefer to do so, and for the civil divorce process to be managed and even completed in Israel without you having to return.

You can then deal with recognition of the Israeli divorce judgment  abroad to complete the cycle.

A family (civil ) court in Israel, as what counts is your religious affiliation at the time when you got married. You were Christian then, and not Moslem. The Sha'ari (Moslem religious) Court only has jurisdiction over divorce where both parties were Moslems at the time they married. Had you converted to Islam before you married, you could not apply to end your marriage through the civil divorce process, and the Israeli civil court system, but would be bound to Islamic religious law, and the Sha'ari (Moslem Religious) Court.

You must file an application to dissolve your marriage at the family court. The vice-president will decide which court has jurisdiction to end your union – most probably the family court, after consulting and obtaining the legal opinions of any relevant religious courts involved (e.g. rabbinical court for you, and possibly another religious court, depending on your whether spouse's religious affiliation is recognised in Israel).

Yes!

Yes! There are situations in which an unstable person has the legal capacity to "consent" to divorce, so that the marriage can be lawfully ended. Under Jewish law, the man must freely consent to give the wife a "get" (Jewish divorce) and she must freely consent to accept it for the divorce ceremony to be valid.

Yes, under Israeli law a Jewish wife as well as a Jewish husband can be awarded financial compensation for their Jewish spouse's refusal to obey a rabbinical court ruling obliging them to co-operate over a 'get' (Jewish divorce), in extreme situations.

For example, way back In December 2004 Jerusalem Family Court dealt with a civil damages suit between a Jewish couple, and awarded substantial damages to the Plaintiff, a Jewish wife, whose husband had refused ,over a 12 year period, to comply with a district rabbinical court ruling compelling him to grant her a 'get. The damages awarded were around 850,000 Shekels, plus legal costs,and included an annual refusal charge of 200,000 Shekels from the time the Greater Rabbinical Court upheld the original ruling, on appeal.

Yes, but in the most extreme cases only. For example, in May 2010 Jerusalem Family Court awarded a Jewish husband over 400,000 N.I.S.compensation from his wife in a civil damages suit for her refusal to accept a 'Get' for over four years, despite rabbinical rulings compelling her to do so (File 18561/07). The husband had sued his wife for over a million shekels . She had disobeyed a rabbinical court order,backed up on appeal, obliging her to divorce.The family court also held thatthe wife would be fined another 4,000 a month from then onwards, until they actually divorced according to Jewish law, should her refusal continue.

Yes! Israeli law adopts Jewish religious law regarding personal matters between Jews. Even though you married in a civil ceremony not even recognised in Jewish law, overseas, you still need a 'get' (religious divorce) to remove any doubt,and allow you both to be eligible to marry someone else under Jewish law.

The main principles governing the time and cost of a Jewish religious 'Get' for new immigrants are the same as those applying to any Jewish couple - i.e. by and large this will be a function of the degree of co-operation between the parties,and the simplicity or complexity of issues ancilliary to divorce e.g. children and property,and negotiation on these. If both parties want to divorce, the 'Get' itself, can be arranged quickly,subject to diary constrictions of the rabbinical court,usually within up to a few weeks or months,and shorter in urgent cases.

If there are mutual children and property, it is advisable to draw up a written divorce agreement,and even have it authorised at the family court, first, and the part relating to the divorce itself,at the rabbinical court, later. Where the rabbinical court sees that the parties have separated, and have already authorised an agreement between them at the family court ,this may well speed up the setting of dates for hearing where a divorce judgment will be given based on mutual consent, and the  "Get" process. Authorisation of an agreement at the family court depends upon diary availability,but can normally be arranged within a short time of up to a few weeks,and,again, even more quickly,in urgent cases.

Regarding costs, the court filing fees are the same regardless of whether the couple are new immigrants or not. If legal fees are hourly based, the greater the co-operation, the cheaper the cost.

At the rabbinical court which has exclusive extra-territorial jurisdiction over divorce between Jews,under Israeli law,even if they married abroad,in a civil ceremony,as you did. You will need a special kind of 'get' or religious divorce,to erase any doubt.If you both agree,a joint application can be made,which makes the process easier and quicker,as mutual consent is sufficient grounds for divorce,under Jewish law. If you do not both agree to divorce,then whoever wishes to do so will have to prove grounds,under Jewish law.

Yes, it has immediate legal force, under Druze religious law.

Where a party to proceedings,or one of his/her witnesses, is inconsistent in his/her evidence,whether this relates to written testimony (affidavit) or oral testimony (cross examination at a hearing), then this will count against that side. The greater the contradiction and inconsistency, the greater its negative effect regarding credibility.

Firstly , the affidavit can be in a foreign language, and later translated into Hebrew ,if required, though English affidavits are often accepted by courts in Israel, without a further translation. Furthermore, there are several options regarding the required authorisation of your signature,and declaration of truthfulness as to the contents of the affidavit.The most preferred by courts in Israel being authorisation of the signature by an Israeli Diplomat or Consul abroad - i.e. via the consular services of an overseas Israeli Embassy. This way the authorisation is in Hebrew. Another option is for a notary abroad to authorise your signature and declaration of truthfulness, and then for the 'Apostille' stamp to be obtained, abroad,to confirm the genuineness of the notary's signature/approval.  The least preferred option is authorisation by a local lawyer abroad, according to local law overseas.

You must make sure you have suitable means of identification when you go to get  your signature on an affidavit authorised - passport, or I.D. etc.

No! Even if your priest  is summonsed as a witness, in the custodyp proceedings brought by your wife, absolute privilege applies to what you said to him. The court cannot force information out of him, though he can decide to volunteer things. Priests are renouned for respecting the confidence of 'confession', and people confide in them because they know that their secrets will be kept.

No! Absolute privilege applies to things said to a rabbi, or any religious figure of similar standing such as a priest. A rabbi cannot be made to reveal 'secrets' or confidential information by a rabbinical court. He 'holds' the privilege, and can divulge this information, wholly in part, if he chooses, but cannot be forced to do so. Unless this privilege existed, and were respected, people would be loathe to confide in rabbis.

No - but only partial 'privilege' (or confidentiality) applies. A lawyer can be obliged to reveal technical details such as the identity of a client, and the type of legal services and fees agreed upon . He/she does not  have to give evidence in court as to things said to him , or documents given to him, by his client, in connection with professional services he supplies. These constitute  privileged information between lawyer and client, and are confidential and protected.

No, if the parent is not a party to the proceedings, has not been added to them, and no order has been made to this effect. If , however, the parent is formally added as a party to proceedings, and ordered to produce documentation by the court, because, for example, one of the parties claims that the other spouse has tried to divert money from a joint account, into the parent's account, to deprive the other party of his/her rights in it, then it would be possible.

Apply to court to be appointed guardian over her body and her property, simultaneously requesting that her daughter be declared to be a vulnerable person, lacking legal capacity.

Furthermore, if the assets of the person for whom the guardianship is being obtained are primarily overseas,it will certainly be advantageous to complete the process overseas,as it will make access to funds much simpler.

Under Israeli law, separated parents can make an agreement about guardianship and custody of their mutual children,and have it authorised in court. Usually, however, parents agree that although one of them will have custody, and the other shall still retain guardianship rights, in the spirit of the equal role conferred by law, to each of them, as a biological parent, and natural guardian.

Accordingly, the court will be extremely careful before it authorises an agreement whereby one parent accepts the weighty responsibility of being a sole guardian, and the other parent completely relinquishes his natural role and involvement in the upbringing and decision making relating to their minor child. It may well require a report and positive recommendation on the matter, from a welfare officer it appoints, before authorising the agreement. Though a parent's consent to giving up guardianship will help, the court will definitely want to make sure, that both parents, but particularly the one 'backing out', really understand the implications of their consent to sole guardianship, before authorising any agreement removing this from one of them.

Yes! A graduated 7- year process culminating in permanent resident status exists at the Israeli Ministry of Interior for non-Jewish partners of Israeli citizens in single-sexed relationships. It starts with a renewable 12 month visa. 

Yes, Tel Aviv Family Court authorised such an agreement between an Israeli national and his foreign partner,in November 2011. The couple,who had been in a relationship for five years before registering as civil partners in a European Union country earlier in 2011, were represented by our law practice.

No! Cypriot law does not permit marriages between members of the same sex. Accordingly, while non-Cypriots,including Israelis, can marry in Cyprus, this only applies to heterosexuals i.e. a couple comprising a  man and a woman,and not gay couples (two men) or Lesbian couples (two women). It is possible for homosexual or Lesbian couples from Israel to marry in other countries where single-sex marriage is permitted, to get married there and register the marriage at the Ministry of Interior upon their return.

As a rule,  a Jewish wife is entitled to maintenance from her Jewish husband throughout the duration of their marriage, right up until they divorced at the rabbinical court . There are, however, situations where, because of a wife's behaviour, whether  it be by virtue of positive acts or omissions, she may lose her right to maintenance from her husband during the course of their marriage.

One of these situations is where a wife systematically refuses to have intimate relations with her husband, without a justifiable reason or defence, as you may have, because of your sexual tendencies. Where a woman does not have sexual relations with  her  husband she is likely to be considered a 'rebellious' or 'quasi-rebellious' wife  and, as such, is at risk of losing her  right to maintenance under Jewish law. 

Firstly, you are advised to draw up an agreement at the family court, in which you both agree to raise the child jointly, and which gives you visitation rights should you split up. In addition, you would be advised to apply to be an additional guardian for the baby, or even adopt him/her, which would elevate your standing.

There is no automatic bar under Israeli law  preventing  a homosexual father becoming a custodian of his minor children, just because of his sexual tendencies. If a custody case gets underway between him and his ex-wife, at the family court, then most probably a neutral court-appointed clinical psychologist will be appointed to make a report and recommendations on custody. The court will have to decide which parent has superior parenting skills, and whether it will be in the children's interest to be with the mother, or the father.

In general, courts tend to favour mothers, rather than fathers,  as custodians, especially where young children under the age of 6 are concerned, because of the built-in legislative bias towards them, though it is possible for a father to get custody, where this is in the minors' interests and welfare (e.g. where the mother is very career-oriented and has poor parental skills, or is a drug addict/prostitute etc, or has no or poor parental skills for some other reason). Where the father is a homosexual, he may have to invest a lot of time in overcoming prejudice, and persuading the professionals appointed and the court that his private life and sexual tendencies do not have a negative effect on his parenting skills, and that it is still in the children's interest and welfare for him to be the custodian.

Incidentally,there is also nothing theoretically, preventing a homosexual father from making an agreement whereby he gets custody, if the mother is in agreement. Any agreement about custody between parents - whether they agree it should go  to the father, or the mother, is is joint between them- must be authorised by the court.

No! Single-sexed marriage is not legal in Israel. You will have to go abroad and marry where homosexuals can get married in a legally valid ceremony.

Of course  you can leave your property to your gay partner, after you die. There is nothing in Israeli law preventing you from bequeathing your property just because he is your homosexual partner.

You, as any testator, are free to bequeath your property to whoever you wish, providing you are of sound mind when you make your will,are not under pressure,trickery, duress, or undue influence etc. It may be advisable to have documentation about your legal capacity to make a will because of your illness, so as to counter any possible challenges, later. If your physical and emotional condition is bad when you make the will, it could be challenged on the grounds of undue influence on the part of your partner, if you are very frail, isolated and dependent on him.

Accordingly, you would be advised to make your will earlier than later, when you are still strong, and not weak. Incidentally, you are always free to alter, or cancel any will you make. You would be advised to sign the will infront of two witnesses,and even deposit a copy with the Inheritance Registrar. It may be advantageous to let a lawyer draft the will, and authorise your signature,in case it is challenged later.

Yes, providing the sperm was from an anonymous donor ,you can either apply to adopt the child, or become an additional guardian. There is now no automatic  legal bar in Israel preventing partners in single-sex relationships from becoming adoptive parents or additional guardians of their partner's child. However, the adoption or guardianship order will only be granted to a partner in a single-sex relationship if the court considers that it is in the child's good, given all the circumstances.

Yes! A professionally drafted agreement covering their rights and obligations, including the issue of property and finances,can be presented to the family court to be authorised, and incorporated in a judgment, which will give it full legal validity.

Yes, you can have a tailor-made agreement drawn up that covers your lifestyle and wishes, and your rights and obligations vis-a-vis one another, giving them full expression in legal language, and full and binding value legally. For example, you can decide what is to be done with your incomes, whether to open one joint account, into which both of you deposit your salary, or retain separate accounts as well as one joint account , and transfer part of your salaries into it, to cover shared living expenses and savings for the future. You can also decide what is to be done in the event of you splitting up in the future etc.

Such an agreement should be authorised at the family court, to give it full legal value.

Yes! If the person is of sound mind and is not susceptible to undue influence due to his medical condition or his helpless state, then he is free to bequeath his property as he wishes, in a will.

No – providing opposition is filed to the probate application, and the court (civil or religious) dealing with the case is persuaded that the beneficiary "took a part in the making the will", which is prohibited in Israeli law and likely to result in the will's cancellation.

They should file opposition to the probate application , arguing that the will is invalid, and should be cancelled because of undue influence on the part of the caregiver, on whom the elderly testator was dependent, or because the latter lacked the necessary legal capacity to make a will at the time.

By making a new will, by destroying the old will or by drafting a document cancelling the will, to be signed before witnesses.

Not regarding the Israeli assets in the estate, as Israeli law requires an executor who is Israeli resident for these.

Not if you give clear instructions in the Israeli will to the effect that it does not cancel any previous provisions made about your non-Israeli assets.

Yes! “Helping” your aunt,could, in certain circumstances, bring about the cancellation of the will, if and when it is presented for probate, should there be opposition, for example by other relatives, if you are a beneficiary under it. Your involvement could bring about the cancellation of the will, partly or wholly, under the Inheritance Act of 1965.

The Central Area District Court emphasized this in February 2011 when it rejected an appeal against a Rishon LeZion Family Court judgment that had refused to probate a will due to involvement of family members. It stressed: “ One is talking about a cumulation of circumstances that prove that the appellant and the respondent were involved in the preparation of the will, in a way which led to its cancellation. The appellant and the respondent were interested parties in the will, they chose a lawyer whom they knew to draft it, they did the groundwork in a conversation with the lawyer during which they gave him the details of the property which was the subject of the will, they were present next to the deceased at the drafting and signing of the will, and it was they who paid the lawyer’s fees.
To all this one should add the court of first instance’s finding regarding facts and credibility of the evidence of the respondent who described the circumstances of the preparation of the will “in a clear way”,who was the one who asked and begged her deceased father to sign the will, even if there was no guarantee that the matter was indeed according to his wishes.”

Yes,under Israeli law it is legal for a person to make a will in which he expressly excludes one of his children  from the list of beneficiaries, or leaves him a symbolic bequest, even giving the reasons for doing so. If the will is  upheld and probate granted, after the testator's death, then that child will be disinherited or receive only the symbolic bequest, as instructed.The unfavoured child will however, have a right to object to the will being probated, in which case the Inheritance Registrar will transfer the proceedings to the family court, where they will be heard.

No! As long as what your wife inherits remains registered solely in her name,whether  it is real estate, or money, you have no rights in it, unless the money (or proceeds of sale of real estate) is  deposited or invested in a joint account. If it is, then it becomes joint property. Under Israeli law property gained by inheritance does not become joint property between spouses.

Yes! The practice of having a full and unedited video recording of a signing of a will is becoming more acceptable in Israel and can certainly save lengthy and costly legal battles later on. The recording is made by a neutral,3rd party specialist who gives a supporting affidavit. Both of these,plus supplementary oral testimony,if necessary,are admissable as evidence in estate cases and allow the court to form its own impressions about the testator's mental state and true wishes when he/she made the will.

In Civil Appeal Case 6198/95,Judge Beinish, stated that technological advances can help considerably in proof stage of inheritance cases and gave a reserved recommendation recommend about the practice of videorecording the signing of wills.

Yes !If your grandmother made a valid will, then her property would be divided up according to its provisions. If she did not make a vaid will, then her estate would be divided up according to the terms of the 1965 Inheritance will.  If you are an only child, you would step into your late father's shoes,and inherit his share,so applying the law to the information you give, your late grandmother's estate would be divided equally between you and your aunt,so you stand to inherit half.

Assuming that one of the beneficiaries under the will has already applied for a probate order for the will  to be enforced at the Inheritance Registrar, once objection is filed there, the case will automatically be transferred to the family court, where full legal proceedings will take place.

Within these legal proceedings the family court will decide whether the will is valid or not i.e. whether it fulfils the substantive and procedural provisions of the inheritance law, and whether your father, the testator, had the necessary legal capacity to make a will at the time, and was free from any undue influence, etc, and whether it represented his last wishes. It wiil consider evidence, both written and oral, including testimony of witnesses.

If the family court upholds the will, despite the objections of one of your siblings, your late father's estate will be divided according to its instructions. If not, it will be divided according to the Inheritance Law of 1965. The court can uphold part of the will,rather than the whole document, so that the estate can be divided up partly according to will, and partly according to law.

A will professionally drafted and signed in front of two, independent witnesses. Many people choose to get a lawyer draft a will ,after getting legal advice about  how to express their wishes about the fate of their property after they die in legal terms, taking into account various scenarios. Often the will is signed by two lawyers, who can give testimony in court, if needed. Where the person concerned is elderly, it may be advisable for a doctor to see him/her close to the time he/she is due to sign the will, so that a medical record can be made concerning his/her legal capacity to make a will.

If you die while still formally married , without  making a will, then your wife, as well as your children, will be your heirs. A married spouse's estate is shared between his spouse and his children, if he has not made a will, even if he is in the proces of divorce. To prevent this, you should  make a will as soon as possible. You can bequeath your estate to whoever you wish and it is advisable to explicitly state that you do not want to leave your wife anything, and state why.

Yes! This is very important if there are competing wills, as the last valid will is the one that counts. The date should be the date it was signed, not drafted.

You are not required to by law, but it is advisable to do so, to erase any doubt about unsigned pages being swopped, if you only sign the last page. Signing each page reduces the chances of the will being challenged when probate is applied for.

Yes, to show that you had made up your mind about it. Otherwise it could be a draft.

Yes - possibly on the grounds of undue influence if your aunt was dependent on her caregiver,  her health was poorly, and she was lonely and isolated.

No! An illegitimate child , known as a 'Mamzer' (or bastard) in Jewish law

Yes, there is no discrimination between an adopted and a non-adopted child, regarding their right to inherit from the adoptive parents.

Yes, your son can inherit from his father, if he or she is born within 300 days of your late husband's death.

Yes! If the divorce proceedings against her run their course, and the rabbinical court finds that there is no hope of reconciliation, and issues a divorce judgment obliging her to accept a "get",and she refuses to obey it, then, in extreme cases, the husband can obtain special permission to take another wife, while remaining married to the first.

If your wife  permanently lacks the legal capacity to consent to divorce that is required under Jewish law to do so, you will not be able to divorce her, but you can apply to the rabbinical court  for permisison to take another wife.

Not if  you prove she was having adultery, if she does not consent to divorce, or , if you make a divorce agreement in which she agrees to forego her Ketuba, and you both avoid the issue of her adultery, as mutual consent is sufficient grounds for divorce. Under Jewish law a fornicating wife is known as a "Moredet" ('rebellious wife') , and loses her right to her Ketuba, (sum stated on the marriage bond/contract) and maintenance during the marriage. Only the rabbinical court can declare a wife suspected of adultery a 'Moredet' .

Under Jewish law, as a divorcee you cannot marry a man who is a 'Cohen' i.e. whose surname is Cohen, and who is a descendant of the ancient priestly tribe of Cohens. Apart from that, you are free to marry another Jewish man.

There is a way round the bar on marrying a Cohen under Jewish law - you can cohabit , or marry in a civil ceremony.

No - because they are mistaken about the law.  A Jewish couple who marry in a civil ceremony will not be risking stigmatizing their children by not marrying according to Jewish law. Their children will have normal status under Jewish law, as it is assumed that they are 'dedicated' to one another and that there is 'Kiddushim' (dedication).

No, contrary to popular myth! Where a Jewish couple live together and have a child then there is the assumption that they are 'dedicated' to one another, even if they are not officially married, and the child has normal personal status.

'Forum shopping' is when parties to a global family law dispute, research the 'market' and try to get their dispute heard in a country with a favourable legal system. They may actively  plan,or even manipulate,after appropriate research. Their aim is to cause the venue for the legal proceedings to be in one country, rather than another, and for one country's laws, rather than another to be applied, because it gives them a legal advantage.

Forum shopping is often employed in 'international divorce' where the legal systems related to marital property and child custody can vary considerably from country to country.

Where courts in two different countries can both claim jurisdiction to hear a particular international family law dispute,the preferred one is known as the 'appropriate forum'. An appropriate forum is the venue that it is more convenient in terms of hearing witnesses,including elderly people or those for whom travel is difficult, and gathering evidence,including professionals who may have to make ongoing reports for the court.

As technology improves,and the means of gathering testimony and examining witnesses become more diverse,and include video conferencing, many obstacles that previously existed  have been overcome.

In Israel, parallel jurisdiction exists over certain issues such as child custody. Where both parties are Jews, the question of custody can be heard by the family court, or the rabbinical court. Competition exists between the two courts as to which will be the venue for child custody proceedings. Whoever files first can win the 'jurisdicitonal race' over child custody and proceedings will be heard at that court, rather than the other.

If a divorce plea is filed at the rabbinical court, custody is bound to it, if a custody plea has not been opened beforehand at the family court. If a custody plea has been filed at the family court before the divorce file is opened at the rabbinical court,  then the path is blocked to the rabbinical court gaining jurisdiction over custody.

Yes! Parallel jurisdiction exists regarding certain matters in Israeli family law. For example, the family (civil) court can  have jurisdiction over child custody,but so can a recognised religious court,in certain circumstances.

Jurisdiction is basically the venue for the legal proceedings i.e. at the broadest level, the country in which the dispute will be heard, and legal system means the law (of a particular state/country) which is to be applied in deciding it.

Where the dispute is global or international i.e. involves parties with different nationalities,who live or have lived in different countries,and have children and property in various places, the question arises as to which country is the venue for the proceedings,and which country's legal system applies.

As regards venue, a particular court in Israel will need jurisdiction at three levels to have legal authority to hear a case and rule on it. Firstly, it will need jurisdiction at the international level i.e. Israel rather than another country has legal authority to hear the case. Secondly, it will need substantive or subject matter jurisdiction i.e. be the appropriate court within Israel to deal with the particular issue. Finally, it will need local jurisdiction i.e. be the correct court, geographically, of its type to deal with the matter within Israel.

Basically, when a court has jurisdiction over a matter, it means that it  has the legal authority and power to hear the proceedings,and give a decision. When a court does not have jurisdiction over  a matter, it means that it lacks the legal authority and power to hear the proceedings and to give a decision.

Only the rabbinical court.

At the family court.

At the family court or the rabbinical court.

The District Court.

You have a choice of either the family (civil) court or the Roman Catholic Church Court.

The family court, except in vary rare circumstances where a religious court can claim jurisdiciton.

No, in principle it can be reversed, upon request, if the court finds it to have been unjustified in the first place, or the conditions that warranted the declaration no longer exist.

Any adult whose legal capacity has not been taken away by court.

Yes, but only with court authorisation. Parents of a minor cannot represent him in such a transaction on their own initiative, without court approval.

That person's spouse or relative (parent, child, sibling, grandparent or grandchild), or the the State (the Attorney General, or  his representative).

If the will is made after the person's legal capacity has been taken away, then it cannot be valid at all, as he/she lacked the legal capacity to  make it.  If it was made prior to this, then, on the face of it, it is valid, and will have to pass the  normal test of validity when probate is applied for.

The court appoints a suitably qualified expert in the field of mental health to make a report  regarding the person's legal capacity. It also hears the actual person, or his representative. It will also hear the views of the state's representative, usually someone from the General Custodian's office.

After the age of 18, children become adults, and as such acquire legal capacity. Until then they lack legal capacity for many actions, under Israeli law. Up until then their parents, as their natural guardians, are responsible for acting on their behalf in most matters.

Yes! In 2006 the Haifa District Court held that joint custody can bring about a change in the amount of child maintenance due, even reducing it by around 25% from the sum where the minors are in the mother’s sole custody. Each case is to be decided on its merits,according to the particular circumstances. Since 2006 family courts have decided both ways regarding child maintenance levels following a switch from sole to joint custody,sometimes reducing the level,sometimes increasing it,and sometimes keeping it the same. You would be advised to seek individual legal counselling.

Two possible lines of legal action should be considered to tackle the child maintenance set, apparently according to an agreement authorised in court.  One option relates to cancelling the agreement, wholly or in part, according to the restricted grounds under contract law, to be examined according to the particular circumstances. In general it is very difficult to cancel court-authorised agreements. However, if you were not represented by an lawyer, issues of possible mistake or deceit ,which are grounds for cancellation, should be checked out, as you do not speak Hebrew, before this option is ruled out. 

The second possible option is to file for a reduction in child maintenance - based on a substantial change in circumstances. On the face of it, from what you say, you could well have a basis for this - and you would be advised to get individual legal counselling, so that the agreement and ruling can be examined, in relation to the apparent changed circumstances of both yourself and your ex-wife. You will then be advised as to whether you have a good chance of succeeding in getting the maintenance reduced.

Yes – because it is part of your overall income, and if it were not  it  would be regarded as part of your earning potential,which would lead to a similar result. So held the Supreme Court in Leave of Family Appeal Case  3432/09 in June 2009 where 500 NIS that the father funnelled from his salary into savings accounts were ,it said, correctly taken into account by the family court when it set child maintenance.

Though salary level is important,it is just one aspect of a father's overall  financial capability which derives "not only from the salary - and certainly not from the 'net' amount of the salary which often does not reflect the true picture.....but from the sum of all the financial sources available to the person paying the maintenance,including assets,savings and even earning potential," the Supreme Court emphasised in Family Appeal Case 3432/09,  in June 2009. The main issue is not how much a father earns but rather how much he can allocate to providing for his children’s needs,it said.

It should be stressed,however,that depending on the parents' religion,and the children's ages,the financial responsibility for supporting minor children may fall solely on one parent (the father) or be shared between both parents,depending on their relative incomes.

While there is nothing to prevent a person from representing himself at an Israeli family court, and not hiring a lawyer, if you do so, your rights are unlikely to be properly protected because of your lack of legal knowledge and training (legislation,case law and procedural rules), and your inexperience at advocacy and managing legal proceedings. There are no standard forms that would result in an automatic change in the level of child maintenance set by an Israeli court if your income changes.

Yes, in principle – providing the issue of paternity is not in dispute,and the law of the country where the child lives obliges the father  to support his child. If the father is registered on the foreign birth certificate this will be sufficient to prove paternity. If not you will have to prove paternity,either by genetic testing ordered by the family court in Israel, where proceedings would be held, or, as an exception,on the basis of other documentary evidence,such as letters and pictures.

Yes, as long as the children live in the family home, there will clearly be no need to set maintenance for renting a property for them to live in, within the amount set for “accommodation” ,as bare shelter will be provided. However, the parent who is obliged to pay child maintenance will still have to bear a relative portion of other accommodation costs such as municapility taxes, house committee dues, electricity,gas, telephone/internet etc.

If the late or non-payment of child maintenance is in contradiction of an arrangement set in a divorce agreement or court judgment/decision,and is part of a clear pattern, rather than one or two isolated incidents, then you can make an appropriate claim ,based on contempt of court. Within this, you can ask the court to fine the father for his omissions regarding child maintenance,and for breach of the agreeement or judgment/decision concerning child maintenance. This type of legal action on your part is designed to put the father back on track regarding his fulfillment of his financial obligation to support your mutual child.

You have 10 days to file  your written response - you would be advised to get suitable legal counselling and representation,so that you can present your case properly, both in terms of the substantive and procedural law governing child maintenance. If you do not, you could find your response does not even meet the basic,techical requirements, and is liable to be struck out on these grounds alone. 

within 15 days.

Yes! Child maintenance is separate and in addition to child benefit paid by the national insurance institute ('Bituach Leumi'),according to law.

Yes, it is possible. Child maintenance in Israel is not just based on a minor's needs, but also depends on the parents' religious affiliation and earning potential.

Where the custodial mother and the father are Jews, then Jewish religious law applies, and he,alone, is responsible for providing the child's basic needs until the age of 15. Where the custodial mother is Jewish, but the father is Christian, civil law applies, and both parents are responsible for providing the child's basic needs,depending on their relative incomes.

Accordingly, it is quite possible that your friend,who was married to a Jew, gets around twice as much child maintenance as you,who were married to a Christian,even though you both have children of a similar age.

The court will calculate the needs of each child,and afterwards the income and earning ability of each parent. Where the parents have different religions,as in this case, the financial burden for supporting their minor children is shouldered by both of them, according to their relative incomes.

Yes, in certain circumstances! According to section 4(2) of the Family Law Amendment (Maintenance) Act of 1959, a person can be obliged to pay maintenance for a child who has reached adulthood, providing he,himself, has enough to supply his own needs, those of  his spouse/partner and his minor children, and , providing that his  disabled adult child "is unable to supply his needs from work,his property or from another source."

Yes ! You are still legally obliged to pay child maintenance for your son even if he is abroad on holiday with his mother for a month. His material needs as quantified by court exist,whether he is actually in Israel or abroad.

No! Minor children's rights to maintenance are totally independent from their mother's behaviour. Your children will still be entitled to be supported by their father irregardless of whether you leave home, and whether you were justisfied in doing so.

Yes, you can open a child maintenance file against the father, at your local family court in Israel, and ask for permission to serve him with the documents overseas.

Under Jewish law a father is able to get a reduction in child maintenance if his teenage son is "rebellious". You can apply to court for a reduction in child maintenance, based on his behaviour. If you are found not to be at fault and your son's refusal to see you is unjustified, they you may well be entitled to pay him less.

Quite possibly - you will  need to apply to court for a reduction in your maintenance obligation. It will decide whether the drop in salary is sufficient in your case to amount to a substantial change in circumstances that justifies reducing the child maintenance you should pay.

Yes,  you can ask the court to reduce your child maintenance obligation. In principle, remarriage and the birth of an additional child are regarded as changes in circumstances that can justify a reduction in child maintenance. If the court considers this to be true, given your particular circumstances, then it will order a reduction.

Yes !

She can open a file at the bailiff's concerning the maintenance debt, and request an order obliging his employer to deduct the child maintenance from his salary every month, and transfer it to her.  She can also request that back maintenance owed be deducted from his bank account, if she knows with which bank he has an account,even if she does  not know the branch.

Possibly - this will depend on your relative incomes. Under Jewish law, once a child is over the age of 15, the burden of supporting them no longer falls solely on the father's shoulders. It is shared between the parents,depending on their relative incomes. If you do not work, or do, but have a low income compared to your ex-husband, then he will still be liable for all or most of the burden of supporting your daughter. If, however, you have a reasonable salary, you will be obliged to participate in supporting her financially.

Yes, there is an accepted principle that a conscripted soldier who was entitled to child maintenance as a minor, should get a third of the amount he received previously, during his army service, though the definitive answer may well depend upon the wording of the court order, or agreement authorised by court.

Normally until the child reaches 18, but longer if there is a court judgment or agreement stating that it should be paid until after he/she finishes high school , even if after the age of  18, or until he/she starts compulsory military service.

Yes, he is under a civil law obligation to support the child, if paternity is established in the family court, even if the pregnancy was unintentional . Islamic law does not recognise paternity outside of marriage, and there is no obligation for the Moslem father of child born to a single  Moslem mother to support the minor. Accordingly, the Sha'ari (Moslem religious) court has no role here.

Under Jewish law, the father will be sole financial responsibility until the children are 15. From the age of 15-18 financial responsibility for supporting the children will be shared between both parents, depending on their relative incomes.

Yes, courts tend to award between 1,200-1,500 Shekels a month  minimum child maintenance, without the accommodation element (contribution towards rent, and overheads).

Yes – if he brings legal to reduce or cancel the maintenance and the court finds that the son's refusal to meet his father is not justified!

In January 2012, Tel Aviv Family Court , Israel, accepted a father's plea to cancel maintenance for his 14 year old son, immediately reducing it to half , and cancelling it completely, if the child still refused to meet his father when he reached the age of 15. It held there was no justification for the minor's crude and hurtful behavior , that he had been incited against his father, and had no real explanation for his persistent refusal to meet him.

Yes! Usually, the maintenance obligation is a third of what it was each month, up the age of 18.

Only the father, until the child is 15, and from the ages of 15-18, both parents, depending on their relative incomes.

Both parents, taking into account the child's needs,and the parents' relative incomes, based on a civil law obligation.

Only the father. The legal basis for the maintenance obligation of a pre-school child is based on personal, religious law,Jewish law, in this case.

Yes,you are still legally obliged to support your biological child financially,even if the mother remarries. Neither the mother's marriage or the circumstances of the conception (casual sex) relieve you of that legal responsibility.

However,it is likely that the mother's new personal situation (marriage) could influence  the amount of child maintenance you are liable to pay. Regarding, for example, your contribution to the child's accommodation costs, these could be lowered, if the mother and child move in to the husband's own apartment, or if they rent an apartment together, and the husband contributes to the rental costs.

In any case, you are not legally entitled to act unilaterally, and award yourself a "reduction" in maintenance, because of the mother's marriage,without getting court permission beforehand. You would be advised to consider filing a plea for a reduction in child maintenance ,at the family court, through an experienced lawyer, after receiving personal legal counselling, and an appraisal of your chances of success beforehand.

Yes, you and your children would be entitled to financial support from husband if you separated. You would have to file for maintenance for yourself and the children at the family court,through a lawyer. By law he  has 15 days to respond. After he files his defence, you can apply for temporary support. You will need to file for custody and temporary custody, too.

No! Your  husband has 10 days to file his response to your application for temporary maintenance. Afterwards, the court has discretion to award you temporary maintenance on the basis of the writing pleadings of both sides, without setting a hearing.

Yes!The fact that a husband files his wife for divorce does not, in itself, take away or reduce her right to maintenance from him so long as they remain married. Her right to financial support from him will only be affected,while they remain married, if he manages to prove one of the grounds recognised under Jewish law for cancelling it, or reducing it.

Yes, under Jewish law you are entitled to financial support from your husband in these circumstances.

14.06.09

At the family court. Sometimes, however, her path may be blocked, and jurisdiction over the issue may lie somewhere else. For example, if her husband has already filed her for divorce at the rabbinical court, and tied the issue of her maintenance to his plea.

Not if you are justified in leaving him , according to Jewish law. Only if you leave him without justification, will you lose your right to maintenance.

You would have little chance of success if you tried - you cannot recover money you paid voluntarily to help your daughter financially, when her own husband failed to provide her maintenance.

No! If you can prove adultery then according to Jewish law she will be a "rebellious" wife and will lose her right to maintenance during the marriage.

No! A wife is only entitled to maintenance from the time she filed for it.

A civil marriage ceremony in Paraguay - where only one party need be present. The Israeli partner can travel out there for the wedding,and the non-Israeli partner can remain in Israel,and give a special power of attorney allowing someone else to represent/him her at the ceremony. The necessary arrangements and proper documentation must be arranged beforehand,and co-ordinated between lawyers experienced in handling such matters in Israel and Paraguay,for the ceremony to be fully legal and valid, and be recognised in Israel, and registered at the Israeli Ministry of Interior upon the couple's return. 

Many years ago 'postal marriages' were frequently carried out for couples in Israel,neither of whom would leave Israeli soil. These were later held to be invalid in Israel - and it was made clear that only civil ceremonies carried out in accordance with the laws of Paraguay , and where one side actually travelled out there for the wedding and can prove it, will be recognised.

Single sex marriage (between Lesbians or Homosexuals) does not exist in Israel.However, it is possible for single-sex couples who wish to marry to do so in a ceremony abroad, in a country where such a union is legal,and then register the marriage at the Ministry of Interior in Israel. At least one of the two sides to the marriage should be a resident or citizen of Israel.

Most probably Cyprus - where both parties are Israeli citizens or residents,the couple is heterosexual (comprises a man and a woman) and neither of them have complications regarding re-entry into Irsael. The marriage can be registered at the Ministry of Interior in Israel upon the married couple's return to Israel.

No ! Under as Israeli law stands today, there is no framework for allowing  you to marry in Israel. The simplest option is to get married in a civil ceremony abroad, with Cyprus being the nearest option, providing that you do  not have visa problems.

Yes, you can marry in Israel according to Islamic law if she is a member of a religion that believes in one God, such as Judaism or Christianity.

He means that under Jewish law he is forbidden from marrying  you because as a descendant of the priestly tribe 'Cohen', he cannot marry a convert to Judaism. If he is religiously observant this is what he means by saying you have no future together. If he is not religiously observant,  he could well be open to considering other options, such as marriage in a civil ceremony overseas, or living together, without being married at all.

Under Jewish law as a descendant of the priestly Cohen tribe, you are forbidden from marrying a divorce woman. You have two options - one is marrying her in a civil ceremony abroad, and the second is just cohabiting with her, without marriage at all.

Under Israeli civil law, which incorporates Jewish religious law regarding Jews, the only ltruly legally valid option is an Orthodox Jewish wedding ceremony.  In practice, many Jewish couples in Israel who do not want to get married via the rabbinical court, or who are  not eligible to marry under Jewish law (e.g. a Cohen and a divorced woman) choose to marry in a civil ceremony, abroad.

In Paraguay, in a civil weddng ceremony, where only one party need be present . The Israeli partner can travel to Paraguay and the non-Israeli partner can remain in Israel, and can be represented at the ceremony by someone with a power of attorney. All relevant  documentation , translations and authorisations must be arranged beforehand. Our legal practice can do so, in conjunction with lawyers in Paraguay.

Although Cyprus is the nearest civil marriage option, it is not recommended because of the risks associated with the foreigner's expired visa, and the risk that re-entry into Israel could be refused.

No!

Through the Kaadi synagogue in Ramla, although the divorce process there has not been formalised in the  law.

At the Kaari synagogue, in Ramla.

Yes, at the family court.The vice-president will have to decide which court has jurisdiction to dissolve your marriage, but as Buddhism is not a recognised faith in Israel, whereas Islam is, he will decide that the family court has juisdiction over your divorce. If  your husband agrees to divorce, the process will be smooth as mutual consent is sufficient grounds to end the marriage. Otherwise, you will have to prove you have divorce grounds, by means of presenting a legal opinion by an expert on the laws of marriage and divorce in the country where  you married.

Yes, by mutual consent in the process of dissolution of marriage, at the family court. If he disagrees, you will have to proof you are entitled to divorce, according to the laws of the country where you got married.

Yes! The Baha'ai religion is not a recognised one, for aspects of personal status in Israel, although there is a temple in Haifa. You can,  however, divorce by the civil process of dissolution of marriage, via the family court.

Yes!

No! Both Israel's  Sha'ari (Islamic religious) Appeal Court and Supreme Court (highest level of civil appeal court in Israel) have held that "the child's good" is the overriding factor in determining which  of two Moslem parents contesting custody is to be custodian  . This was stated very clearly by the Krayot Family Court in November 2011 in a custody case involving a 9 year old Moslem boy. The court  accepted the recommendations of a lawyer it had appointed to represent the child independently of his contesting Moslem parents,and awarded custody to the mother.

The court stressed that the Supreme Court had cancelled the theory of a rebuttable factual assumption (originating from the Hanafi School of thought and Ottoman law), that a father has more suitable skills to guide  a son ,once he reaches the age of 7, when he begins to build his personality and identity. Sha'ari courts also now tend to examine "the child's good" from the outset, it said.

Yes, if 'civil' paternity is proved in the family (civil) court system, the father will be obliged to pay child maintenance under civil law, even if under the personal . religious law applying to Moslems, he is not regarded as the child's father because the parties are not married and he does not have an obligation to support the child.

Yes, only at the family court.

At the family court or the Sha'ari (Moslem Religious) court.

The Sha'ari (Moslem religious) court according to Islamic religious law. What counts is the religious affiliation of the spouses at the time of their marriage. The divorce process will be a religious one, not a civil one.

Yes - if they both consent to the minor getting a surname comprising of both their surnames, even joined together with a hyphen,according to Israeli law. The 1956 Names' Act states that a child born to an unmarried mother will bear her surname unless she and the father agree to the minor bearing his name.

No! It is not legal,and your 'ex' wife is not entitled to act as she is. If necessary, you can take appropriate action at the family court to prevent your son being called by another surname,which bears a negative psychological message against you.

No, the Names Act of 1956 states that a minor can only change  his  name if his parents, who are his natural guardians, consent. The fact t hat he is of Barmitzvah age (13), is irrelevant as only civil law regulates changes in names. If you, however, object to your son's proposed name change, he could apply for court permission anyway, via a 'close friend'. The family court would probablyappoint him a solicitor ad litem, to prevent a conflict of interests on your part.

Yes, the Names' Act of 1956 allows a mother who divorces to add her maiden name to her married name, in whichever order she chooses. This creates a link between her surname and that of her child, who bears his fatehr's (her 'ex's) surname.

Not without permission from either your ex-husband (the child's father) or the family court , after applying for it.

Only if the father consents. Otherwise, the Names Act of 1956 states that a child born to an unmarried mother bears her surname.

Yes – but only will only be entitled to get child maintenance if paternity is established. If you are a single mother you can file him for paternity and child maintenance at the family court, and it will order genetic testing if he disputes he is the father. Under Israeli law the obligation of a father to support a child is absolute,no matter whether the pregnancy was unintentional or related to lies , mistakes or promises concerning fertility and contraception.

Only exceedingly  rarely ,in the most extreme cases, is a minor taken away from his/her parent, as a last resort, to make sure he is cared for and supervised, after he is declared to be 'a child in need' by the court. The fact that a single mother is of little means does not mean that she lacks parental ability. However, she may be a good mother but lack the financial means to take care of his physical needs, something which would justify him being placed with a foster family.

A school studies allowance towards schoolbooks and exercise books, for children aged 6-14,at the start of the school year.

Yes! One of the conditions requires that you are  not a car owner.

On the hand she does not have to deal with visitation - because unless this man is registered as the father, he does not have rights to see the child On the other, she cannot file him for child maintenance unless he is registered as her child's father.

Yes! An Israeli court can make an order preventing the children moving within Israel if the move is likely to have a negative impact on the father's visitation or parental rights, but it cannot ignore the mother's right to freedom of movement.

Yes! You can take advantage of certain provisions in Israeli legislation which acknowledge and protect the rights of a foetus (unborn child),and ask the family court to grant an emergency ex-parte order to prevent your girlfriend from leaving the country. A hearing will be set afterwards,even if the ex-parte order is granted,and both parties will have the opportunity to put forward their case.

It is unlimited in time - but  can be cancelled any time  if you satisfy the Chief Bailiff that it should never  have been granted in the first place, or you pay the debt, or part of it, and give a suitable guarantee about the remainder, or provide alternative means of covering the debt.

It can be granted for a period of up to a year,for a debt, which is  not for unpaid maintenance.

Yes, open a plea for marital reconciliation at the rabbinical court, and within it apply for an order preventing him leaving Israel.

Not unless he is physically or verbally violent. An order banning the husband from the family  home will only be granted by a court if he is physically or verbally violent to you or the children, or their is a real risk or fear of violence on his part towards a member of the family. You cannot just force a separation between you and your husband, for your convenience,or to make life simpler, when there is no legal justification.

Regarding an adult, where the order was granted ex-parte (without the other side's presence,and even knowledge), you have a maximum of 14 days from the time it was given, until the hearing which must be set within this period, in the presence of both sides.

Their Israeli I.D. numbers, and any passport numbers, Israeli or foreign. You should have their full  names, in Hebrew and English, which should be listed on any official documentation you have.

Their Israeli I.D. numbers are listed on your own I.D. card, if you have one, on the attached piece of paper. The Ministry of Interior has records of any Israeli passport listed against the child's I.D. number,and may even have a foreign passport listed, though this is unlikely as anyone with Israeli citizenship is supposed to leave and enter Israel on an Israeli passport.

Yes, you can apply for an ex-parte order to stop the children being taken out of the country, if they there is an attempt to leave  one of Israel's borders with them. A temporary order can be obtained from the family court or a religious court almost immediately, on the basis of your claims only.

In theory, this should be unlikely as the Supreme Court has held that the constitutional right of freedom of movement can only be restricted regarding foreign residents, whose centre of life and source of income is abroad, in the most extreme cases. In practice, however, if you owe child maintenance, it may be possible for the mother to manipulate the system, open a file at the bailiff's, giving your Israeli I.D.Card, and conceal the fact that you live abroad, and apply and get such an order, within the framework of proceedings to recover the child maintenance debt.

Yes! In December 2011 Tel Aviv Family Court accepted a plea by a man for the cancellation of a paternity judgment against him made over 13 years previously, after further D.N.A. tests conducted in different hospitals, and an expert opinion,submitted to court,proved that the results of the original test,upon which the paternity ruling was based, was erroneous.

Yes, though generally courts give preference to a woman's right to have sovreignity over her body and to make decisions about her body,and pregnancy, as opposed to the rights of her male partner,whose opinions may clash with hers.

Legally speaking, it is possible for an intended father to apply and even obtain a court order preventing his pregnant girlfriend from having an abortion, for which the foetus is appointed a guardian, to protect its rights, in your case it may not be possible in such an early stage of pregnancy. The court would have to decide at the outset ,when legal proceedings are brought before it,  whether the embryo/foetus is sufficiently mature to be capable of life and of having legal rights .

If you were still married (though separated) around the time of the second birth, then you can try and get your paternity registered at the Ministry of Interior, preferably with your ex's co-operation.If the Ministry of Interior refuses, then you can bring legal proceedings, through a lawyer, for a declaratory judgment declaring you to be the father,so that the Ministry of Interior will be ordered to register your paternity.

Yes, in principle, but you will have to apply for an obtain an order  from the family court to perform the test first. The Genetic Information Act of 2000 applies to your situation and allows, but regulates, genetic testing , even on  a foetus, to prove family connections, unless there is a risk of the child/future child being a ‘bastard’ according to Jewish religious law. In that case, according to a 2008 amendment, such genetic testing is forbidden. As your fiancée is single, then there is no risk involved, as this would only apply to the offspring of a married Jewish woman born out of wedlock.

Yes – you cannot be forced to co-operate in genetic testing if a paternity suit is filed against you. However, if you refuse to co-operate this can go against you, and the family court hearing the case will be free to draw its conclusions. There have been cases where paternity has been declared by the on the basis of a defendant's refusal to undergo testing.

This is problematic. You would need to apply for a declaratory judgment declaring your boyfriend to be the father, but the court is unlikely to order genetic testing to establish paternity if you are all Jewish because of possible damage to the child arising from the risk of him/her being a 'bastard' under Jewish law. If your boyfriend were not Jewish, this risk would not apply.

Your boyfriend could apply to adopt the child, and thus by-pass the legal problem. Depending on the circumstances, your 'ex' may be pleased to co-operate, and relieve himself of the financial burden of child support if he knows the child really is not his, if for example, you were separated from him and had no intercourse around the relevant time.

No, definitely not! If he is the biological father, then ,under Israeli law, he is liable financially for supporting the child, even if the woman gives him a promise otherwise, orally or in writing. Such 'promises' or agreements between them do not bind the child, who is free to file his/her independent plea for child support via his biological mother, his natural guardian.

No! Anonymous sperm donors 'working' with a sperm bank appear not to be legally liable for paternity or child maintenance. If such donors were at risk, then sperm banks and fertility treatment in Israel would probably be unable to operate. The situation is different where the sperm donor is 'known' and not anonymous.

You are entitled to file for paternity at the family court, and request genetic testing to establish whether you or her husband are the biological father. However, the court has discretion to refuse genetic testing, if it considers it likely to cause damage to the child, and the Attorney General's representative, whose reaction is asked in paternity cases, could object. The longer you wait, the greater the risk of genetic testing being refused on the ground that the child could lose a 'psychological' father if paternity testing were allowed, and proved that her husband was not a biological parent. 

Yes, if she files you for paternity and maintenance, and you are declared the father, either on the basis of your admission, or genetic testing ordered by court, you would be legally obliged to support your child, even though you, yourself, are still a minor. Your circumstances would be taken into account and the maintenance sum reduced accordingly. The baby's mother are also legally entitled to sue your parents for the maintenance if you are unable to pay.

Wait patiently to see if she files you for paternity. If she does, you can then consider what to do. If you deny paternity, you should co-operate if paternity testing is ordered.

No ! If you co-operated in the fertility treatment and are registered as the father, you are obliged to support your daughter financially , and cannot free yourself of this legal obligation.

You can apply to the family court for genetic testing to establish whether you are the biological father or not, but this will only be ordered if it is held to be in the child's good. Where both parents are Jewish the court will not order genetic testing because of the risk that the child would be a 'bastard' under Jewish law, and have lowly personal status. Such a risk does not apply in 'mixed' religious marriages, like yours, athough the court will have to consider the risk of possible serious emotional damage arising from loss of a 'psychological father' if genetic testing disproved paternity. The court will have to weigh up the conflicting interests of he search for truth and the child's right to know his/her real identity against possible psychological damage.

File him simultaneously for paternity and child maintenance at the family court. You can ask for genetic testing to prove he is the biological father. Without establishing paternity, you cannot get financial support from him for your child. Once paternity is established, he is legally obliged to support your mutual, even if got you pregnant unintentionally and is not interested in having any contact.

No! A court in Israel may have jurisdiction to deal with a case, but may have to apply the law of another country to rule on the dispute. For example, in a disputed dissolution of marriage case,where the parties married in a civil ceremony outside of Israel, foreign law will apply. The party wishing to divorce will have to prove to the Israeli family law court that he/she has grounds for divorce according to the foreign law of the country where the couple married. Where both parties consent to end the marriage, the Israeli family law court can grant a civil divorce judgment based on Israeli law - mutual consent, which is sufficient ground for dissolution of marriage under Israeli law.

Israeli law. The 1959 Family Law (Maintenance) Amendment Act specifically states that the law applying to a child maintenance plea is that of the person who is obliged to pay it.

Where you are filing your husband for maintenance, in a family court in Israel, and there is no common place of residence following the marriage ,and never was- as in your case - the applicable law will be that of the place where the person owing maintenance (your husband)  lives abroad. This is stated very clearly in the 1959 Family Law (Maintenance) Amendment Act.

U.K. divorce law. Although you can file for the dissolution of your marriage at the family court here in Israel, if he contests it, you will have to prove that you have grounds for divorce according to U.K. divorce law. You will have to present a written opinion of an expert on U.K. divorce law and that person may be need to appear in court to face cross examination, and give testimony.

When that person left property in Israel after his/her death, even though the centre of his/her life was abroad,according to the 1965 Inheritance Act.

In the absence of mutual consent, which is sufficient grounds to end the marriage under Israel law, the side wishing to end the union will have to prove that he/she has grounds to divorce, according to the laws of the place where they married. A legal opinion on this will have to be submitted by an 'expert' on foreign law, and that person may need to be available as an expert witness.

No! Private reports cannot be submitted to the family court unless it has prior permission is sought and granted. This is explicitly stated in Israeli law and regulations. The parent can ask the court for permission to summon the expert to the proof stage hearing, and cross examine him/her on his report, in an attempt to undermine it and lessen its weight. The court is not bound to accept the expert's recommendations, although this is usually the case.

Not necessarily. For this to be so the mistake would have to be a vital factual one, which led to the wrong conclusion and wrong outcome in the case. Otherwise, the judgment will stand, despite a factual error in the judgment, as for example, in February 2011 ,the Central District Court stressed in an appeal case against a Rishon LeZion Family Court judgment refusing to grant probate for a will. The appeal court found that the family court held mistakenly held that the testator had “signed” the will with a thumbprint, when it actually bore a handwritten signature. However, it stated that despite this mistake, its conclusions , which were based on other facts and evidence, were still correct, and, accordingly, there was no reason to interfere with either its conclusions or the judgment.

Usually an appeal court does not interfere regarding factual findings, but concentrates on whether the court of first instance made a mistake on a point of law, or drew a wrong conclusion from the facts.

Not automatically if you want to fight it at the time - you can appeal, but only if you are granted permisson by the district (appeal )court after applying to do so within 30 days. Another option exists - to appeal against the temporary maintenance decision as part of an appeal against the  judgment at the end of the case.

Apply immediately to the family court for an ex-parte order to prevent the minor from leaving the country. Certain religious courts e.g. rabbinical court can also deal with such applications, but the family court will have jurisdiction over any child who is physically present in Israel, irrespective of his religion, or other status.

Take action under the Hague Convention for the return of an abducted child, as both Israel and the United States are signatories to and bound by the 1980 Hague Convention on the Civil Aspects of Child Abduction. Translated into practice, this means getting a plea filed in Hebrew, at a family court in Israel, for a return order regarding the child under the 1991 Israeli Hague Convention Act, which is the Israel legislation based on the convention.

One - by right, to the Greater Rabbinical Court.

Two - the first as of right, to the District Court, and if the appeal is rejected, permission can be asked from the Supreme Court, to file a further appeal, against the District Court's ruling.

You need to make an application to the judge to disqualify him/herself from dealing with your case. This can be made in writing, or orally, during a hearing. You need to prove a 'substantial risk of bias' against you, to the extent that you will not get a fair hearing. In practice, such applications are very difficult to prove, and are only successful in the most extreme cases.

If the judge refuses to disqualify him/herself you will have to decide whether to appeal against the decison to the President of the Supreme Court, or to back down and let him/her continue managing the case, and apepal against the final judgment, latter if the result is not to  your satisfaciton.

Forty five days .

Fifteen days from when you  'service' was performed (i.e. when you officially received it).

Probably not, although the answer depends on the particular circumstances of the case, and the court's discretion, according to Israeli law. For example, in April 2011, in property proceedings between spouses, Tel Aviv Family Court held that debts incurred by a husband through his addiction to gambling were his personal debts, and not joint debts resulting from the management of the family's resources. The court ruled that the husband was solely responsible for these debts and the wife was not penalized by her husband's gambling.

No! An agreement about property rights signed by a married couple is not fully legally binding ,according to law, unless it has been authorized by a court, or religious court. Such authorization is aimed at preventing 'consent' by compulsion.

Where the marriage is a long one, courts tend to recognize the rights of the non-registered spouse in the marital home (up to 50%). However, where the marriage is short,one can normally expect the return of the investment alone,with interest,or linkage,in favour of the non-registered spouse.

No! Israeli law excludes property acquired by gift from being joint, marital property, if the parties married on or after 1.1.74, even if it was received during the course of the marriage.

You can ask the family court for  permission to repair and re-let the apartment and give instructions on this, within the property proceedings that exist between you. If necessary,the court  can give instructions for a special bank account to be set up ,into which the rent can be paid,and for the repairs to be paid for from this, and can even appoint a trustee/s  (for example, each party’s lawyer) to manage this process .

Not without prior permission from court - you would have to persuade it that the sale is in the minor children's good, and you would have to act under strict instructions given concerning your proposed plan, too, to protect their property rights, even if your application was approved. 

Under the 1962 Legal Capacity and Guardianship Act ,even though parents are their minor children's natural guardians they cannot act to sell their real estate rights without court permission and under its direction. The court is seen as acting to protect the minors' interests.

Not without prior permission from court - you would have to persuade it that the sale is in the minor children's good, and you would have to act under strict instructions given concerning your proposed plan,too, to protect their property rights, even if your application was approved. 

Under the 1962 Legal Capacity and Guardianship Act ,even though parents are their minor children's natural guardians they cannot act to sell their real estate rights without court permission and under its direction. The court is seen as acting to protect the minors' interests.

It must be in writing (as opposed to being an oral agreement), and be authorised by court. You must both attend the court hearing to authorise the agreement. The judge will only authorise the agreement and grant a judgment giving it full legal validity if he is satisfied that both of you signed it of your own free will, without any pressure/blackmail,and that you are aware of its contents,meaning and implications. He may question you about the agreement and will not authorise it unless he is completely satisfied about these issues.

An agreement between a married couple that is not authorised by court is not fully binding.

Yes, according to the legislation covering I.D.F. widows' benefits, a widow who loses her right to the benefit upon remarriage will be entitled to it once again, if she divorces.

Yes, according to legislation from 1950 covering I.D.F. widows' benefits,you are likely to forego your benefit if you remarry. However,mutual children you have will still be entitled to any benefit they receive under the legislation, even if you remarry. 

No- it is your husband's,too !Usually property acquired during the course of a marriage belongs to both spouses, irrespective of whether it is registered in the name of both husband and wife, or just one of them. The fact that a married couple have separate bank accounts does not adversely the property rights of either of them.

No! Disability allowance paid to one spouse is not joint,marital property,but belongs exclusively to the person entitled to it. Accordingly, if you divorce you are not entitled to a share of your husband's monthly state disability allowance.

Yes! Either of you,as joint owners of your marital home, is entitled to prevent 'unwelcome guests' from entering real estate you own together,including the apartment. 'Welcome guests' have permission or  'licence' to be on your property, and that must be given by each of you, as joint owners. As your joint ownership relates to the whole property,both of you must consent to and permit someone to be a guest. For  you, your wife's children are 'unwanted guests' and 'trespassers', while for her they are 'welcome guests' with a licence to be there.

In this situation, your interest and right to  prevent an 'unwelcome guest' ,who is 'thrust upon' you,from entering your home takes precedence over your wife's right to allow someone to enter. Only mutual agreement can really ease the situation. While legal action can be used here to enforce your rights, this  could backfire and aggravate the delicate relationship with your wife.

If your marital assets are registered in joint names,these can be divided up without further delay, even if you remain married.  If, however, they are registered in only one of your names , and you remain married, but separated,you will need either mutual consent to divide up your financial partnership in them, or you will have to wait a minimum of nine months from the time of your separation until they can be divided. Until a November 2008 amendment to the 1973 Spouses' Property Relations ACt, couples marrying on or after 1.1.74, like you, had to wait until divorce or death before assets registered in only one party's name could be divided, if there was no mutual consent.

Not necessarily. Assets registered in joint names can be divided up before the divorce itself is completed. Until recently,however, under Israeli law, couples who married after 1.1.74, as opposed to those marrying before that time, had to wait until they divorced before assets registered in only one of their names  only ,could be divided, unless both of them agreed.  However, since a November 2008 amendment to the 1973 Spouses' Property Relations' Act, even assets registered in one party's name,where the marriage took place after 1.1.74, can be divided up before the actual divorce - subject to certain conditions.

Definitely - this is incorrect! There is absolutely  no bar on you registering it in your own name, even if you are not a citizen. Real estate property purchased from pre-marital resources by one party is not joint property , according to Israeli law, and your wife's action appears to be manipulative. 

Her 'tips' on registration of the property  in her sole name or joint names could be an attempt to create or indicate an intention on your part to make her a gift of 50%-100% of the property. However, Israeli law has very clear and specific instructions about documentation needed to prove an intention to make a gift of real estate. Registration of property rights in another person's name, even a spouse's, does not , by itself, indicate such an intention !

No! This is a myth - your rights in marital property are not affected in any way if you leave the property , whether your departure is justified or not. There is often confusion over this - in Jewish law a wife who leaves the marital home unjustifiably can lose her rights to her own maintenance, during the marriage. This, however, has  nothing to do with her  property rights, which remain unaffected by her departure.

On the face of it,  no ! In principle, a business which was founded before a couple married, will not be regarded as joint property. Accordingly, debts created in that business should not be 'shared' with the other  marital partner, who was not involved at all in the running, management or opening of the business.

Usually when a couple separate permanently, the date of their separation marks the end of the financial partnership between them (or, in the words of the law, the time of 'balancing of financial resources'). However, if one party buys an expensive asset like a sports car, shortly after separating, it is reasonable to assume that it was purchased from joint resources acquired before the split,  in which case it would be regarded as marital or shared  property. Every case,  however,  is decided on its particular facts and circumstances.

No!Usually property acquired during the course of marriage, and registered in one party's name, is joint property, regardless of whether it is registered in one or in joint names. The fact that the couple have separate bank accounts does not , in itself, alter that assumption.

Firstly, there is no connection between divorce and opening and closing bank accounts. A married person can do this at any stage of marriage - providing it is not a joint account. This requires co-operation, both opening and closing it. Neither husand or wife is entitled to make a unilateral decision to close a joint bank account. However, both parties are entitled to give instructions restricting its use e.g. so that a joint signature is required for money to be spent etc. This, however, can bring a bank account to a standstill, although it still remains open.

In principle, property registered in one party's name only, that was acquired during the marriage, is still prima facia jointly owned, unless it was obtained by way of gift or inheritance, or , for example, it comes from pre-marital resources and there was no proven intention for it to become shared.

No ! Under the 1973 Spouses' Property Relations' Act, which applies to couples marrying from 1.1.74 onwards, property owned by one spouse prior to marriage remains their individual, and exclusive property. It does not enter into the pool of marital property to be balanced out .

No! Property inherited by one spouse , even during the course of marriage, is not regarded as joint or common property to be balanced out between them as part of the equalization or property balancing process applicable to couples marrying on or after 1.1.74, under Israeli law.

He should file detailed and reasoned written defence pleadings, in which he should analyse, criticize and undermine the claims made about the children's needs and expenses,and relate to the relative financial capabilities and earning potential of the parents.

Appeal to the District Court, claiming that the child's good, his wishes and opinion were neither heard, nor taken into account.

Submit a Hague Convention plea for the return of his abducted children, to the appropriate family court in Israel, without delay. This will freeze the custody and maintenance proceedings until after the child abduction case is over. They will only proceed if the child is not returned to the States in the Hague case.

It is possible to extricate yourself from the situation,but you would need to manage several  proceedings at the family court ( custody,relocation,maintenance, dissolution of marriage ) and get appropriate and experienced specialist legal representation in Israel.

If you are a normative mother, and your children are under 6, and you have been the children's primary caregiver  since birth,your chances of getting custody are very high. Gaining sole custody is a necessary stepping stone to gaining court permission to leave Israel legally with the children, and raise them abroad, if the father objects. To help the court decide whether a mother with custody should be allowed to relocate overseas with children,  it normally appoints experts (social worker and clinical psychologist) to make reports and recommendations. Ultimately, the court will have to decide whether you raising the children overseas is the best option for them,in all the circumstances, even if their father objects.

This process can take time, but with proper representation, you should be able to get temporary custody and financial support for yourself and the children (temporary maintenance), that would allow you to live separately from your husband during the proceedings.

Our law practice has successfully represented mothers in similar situations,but it is important that you get appropriate legal advice on strategy and tactics,about how to co-ordinate and manage the various issues and legal proceedings. If legal pressure is put on your husband, it is possible that a comprehensive divorce agreement could be reached that deals with all the relevant issues but, most importantly,allows you to relocate with the children, while guaranteeing him visitation in Israel and the U.K., and ongoing phone and Skype contact.

Yes, in principle ! The rabbinical court only has jurisdiction to deal with the divorce,and issues which can be 'tied' into it, such as custody,maintenance and property, where the parties as both Jews. Thus, if you can prove that your mother's conversion to Judaism was not genuine, and that she remained Christian, and, therefore, that you were born Christian, and never converted, then you can dispute its jurisdiction if your husband brings proceedings at the rabbinical court. Furthermore, your "marriage" may be void from the beginning, anyhow! You would be advised to seek individual professional advice, from a family law specialist, given the particular circumstances of your case. These need to be examined fully, so that  you can receive advice regarding strategy and tactics, when the full picture is available,and a detailed analysis can be made.

Act almost immediately, and file for divorce at the rabbinical court, tying in her maintenance to  your plea. Usually the rabbinical court awards lower sums of maintenance for women than the family court.

File quickly for divorce at the rabbinical court, and tie in the issue of her maintenance. This will win the jurisdictional race between the rabbinical court and the family court over her maintenance, and prevent her from filing you for financial support at the family court.

If he is called in for questioning by the police, he should go, tell the truth but vehemently deny any violence, and even offer to take a polygraph. If proceedings are opened against him in court for a protection order, he should file a response affidavit, and appear at any hearing set, and try and disprove any claims made by his wife about his alleged violence.

You should file a formal 'Shom Bayit' (marital reconciliation)plea at the rabbinical court, and also file a written defence to your husband's plea and try to prove that he has no grounds to end your marriage under Jewish law. Unless your husband can prove one of the required grounds under Jewish law, the rabbinical court can throw out his divorce plea, unless you consent to divorce.

A plea for 'Shlom Bayit' is actually toothless, even if successful - the idea is that an appeal is made to the moral authority of the rabbinical court, to put pressure on the husband to return home or work on the marriage, but even if a ''Shlom Bayit' ruling is made in your favour, it cannot be enforced. One of the aims of filing for 'Shlom Bayit' is that it buys time to mend the marriage.

Definitely - regarding maintenance for a wife or children, and/or child custody and/or division of marital partnership in property, including the home, proceedings are usually more efficient, quicker and cheaper if dealt with at the family court, and not at the rabbinical court, although they can be heard there , if tied to a divorce plea filed there first. All these issues, except the actual divorce between Jews, can be dealt with at the family court, as the rabbinical court has exclusive jurisdiction over the actual divorce (or 'get'), irrespective of where the two Jewish parties married in the world, and irrespective of in whatever ceremony they did so.

If, however, the husband files at the rabbinical court first, then he will block the tactical advantage that the wife could gain by acting first.

No! Israeli law does not permit surrogacy in such conditions,and residency of both prospective parents is a precondition. Israeli legislation governing the process ,The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996 ,requires  both intended parents have to sign a declaration specifically stating that they are residents of Israel, so foreigners cannot use the services of an Israeli surrogate.

Yes! The minor child of an Israeli citizen is entitled to Israeli citizenship,even if the birth takes place abroad. It is vital for the Israeli father to be registered as the father on the minor's  foreign birth certificate.

As the surrogacy process and the birth took place abroad, and and was registered there, presumably in the country where the surrogate mother was a citizen, then, assuming that the whole process was legal,according to the law of the country involved, and used your own sperm, and the genetic material of a woman other than the surrogate, one would assume that some legal process actually took place in the courts of that country in which the surrogate mother relinquished all her guardianship or parental rights in the child, so that you, as the biological father, hold these legally, and exclusively, according to the relevant foreign law.

If this was indeed,so, and a valid judgment or legal decision was given abroad, granting you exclusive rights of guardianship and custody of the child,and even express permission to take him/her out of the country, then such a decision can,in principle,  be recognised in Israel, if it conforms to the requirements of the 1958 Recognition of Foreign Judgments Act. Without further details, and especially the name of the country involved, only a general answer can be given, as above.

No, not in Israel. However, one of them can become a biological mother by giving birth herself  using donated sperm, and her partner can apply to adopt the minor, under Israeli law.

Yes !

Firstly, the child cannot be created using an egg from the surrogate mother, whose role is to offer the services of her womb during pregnancy. Either the egg or the sperm must be from the intended parents. For example, the intended mother can supply the egg, in which case the sperm must come from  the intended father , or a donor. Alternatively, the intended father can supply the sperm, in which case the egg must come from the intended mother, or be donated.

Yes ! The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996 does not discriminate between married and unmarried couples, providing the intended parents fulfil the other conditions required.

No ! Israeli surrogacy law prohibits an aunt from acting as surrogate, unless she is only related by virtue of adoption.

No - unless she is adopted, and not a blood relative ! The Embryo Carrying Agreement Act (Authorization Agreement & Status Of The Newborn Child) of 1996 prohibits a cousin from being a mother, unless she is related by virtue of being adopted.

In principle you are bound to hand over the baby after the birth, according to the surrogacy agreement  you sign. You are not entitled to change your mind without court permission. If, for example, after the birth you do  not want to hand over the baby, you must file your objection to court and ask for permission to retain the child. The court will then appoint a welfare officer to make a report and decide if there are new circumstances that justify you retaining the child.  You have a window of opportunity up until the court awards the intended parents a parental order.

They must apply to court to grant a parental order within seven days of the birth. The court will appoint a welfare officer to make a report and after receiving it will decide whether there has been a change of circumstances that justifies the mother withdrawing her consent. Once a parental order has been granted the surrogate mother cannot withdraw her consent.

A surrogate mother is not allowed to unilaterally withdraw the consent she gave in the surrogacy agreement  to  hand over the baby after birth. She can, however, ask for  court permission to withdraw it, and to keep the baby.  

No! Israeli legislation covering surrogacy specifically prohibits a sister acting as a surrogate mother, unless she is only related by virtue of being adopted.

Yes, surrogate motherhood and surrogacy are recognized in Israeli law,but restricted by and regulated in legislation,The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996.

No! Israeli legislation concerning surrogacy does not permit this, but if he succeeds in creating a child abroad, using his sperm, a donated egg and a surrogate mother in a country where this is legally permissible, and obtains a foreign birth certificate in which he is registered as the father, then he will be recognised as a biological parent under Israeli law.

Like any sale, sales tax and property appreciation tax is due, in principle. If the person from whom the property was inherited  died before 1.4.81 then, for property appreciation tax purposes,  what counts is the value of property when the person passed away . If,however, he died after 1.4.81 ,the person inheriting the property steps into his shoes, and the value is calculated as the original value, when the bequeathor acquired it.

Inheritance is not regarded as a sale for the purposes of real estate taxation , so  no you will not have to pay tax when you inherit it. Tax will be due when if you sell it.

No! The transfer of property rights as part of a court authorised divorce agreement is not regarded as a 'sale' for the purposes of the Land Taxation Law of 1963. Accordingly, the exemption is exempt from tax.

In principle, no, because there is an exception only once every four years from property appreciation tax to be levied from the seller, assuming that this was due on the second sale.

No!

See Cohabitees and Homosexuals/Lesbians

Yes! His girlfriend can bring civil proceedings against him, and apply to court for a protection order, while the police can start criminal proceedings against him, for assault, if she complains to them.

No! The court acts cautiously where there are serious claims of sexual harrassment or molestation against a minor,giving "first aid",before checking out the authenticity of allegations. At the emergency measure stage, the child's right to protection  takes precedence over the father's visitation rights.Afterwards, the father is given the opportunity to defend himself. In 1998 the Supreme Court noted that claims of sexual harrassment or abuse can be used by one person to harm another for other motives,and family courts are aware of this.

You can point out, as Jerusalem  District Court stressed in 2004,that the 1991 Prevention of Violence within the Family Act requires a close connection between the alleged violent act and the request for an order to keep the alleged violent person away.If the alleged violent act takes place shortly before the application for a protection order is filed, then the court can deal with the case.If, however,a "substantial amount of time" has elapsed since the alleged violent event, as appears to be so from your description, the court will lack jurisdiction to deal with it under the act.If this were otherwise, then "anybody could keep an intimidating event in the past inside him, and use it against his enemy much later on", Judge Drori said in Leave of Civil Appeal 179/04. 

Yes, but the physical violence must be substantial, and not a one-off event.

No!

Yes!

By applying for a protection order at the family court, under the 1991 Prevention of Violence Within the Family Act

By arranging for a third party, such as one of your relatives, to collect and return your children from the family home. You can see them this way – outside the family home – and without breaching the order.

Yes, the law protecting family members applies to former couples, too, whether they were married or unmarried.

Yes! A woman is entitled to protection from her husband whether she lives with him or not- and even after they divorce, under the Prevention of Violence Within the Family Act of 1991.

Yes, a woman can get an order to protect her from verbal and emotional violence by her husband or common-law partner, if the abuse is substantial and was not an isolated incident. Usually evidence in the form of recordings or witnesses is required.

Possibly – as it is a criminal offence to give false information and file a false complaint.

Yes! The Prevention of Violence Within the Family Act of 1991 allows one family member to seek a protection order for another. You will need to give a detailed affidavit concerning his violence and attach any supporting documentation such as complaints to the police, or to her doctor, or medical reports from the hospital casualty department.

You cannot take her right to file further complaints against you, even if they are false or unjustified, but you can take an advantage of a mechanism in the 1991 Prevention of Violence Within the Family Act allowing you to seek financial compensation from her...

No ! Once a woman files a complaint for domestic violence with the police, it is no longer in her hands, even if she approaches them again and withdraws it, after reconciling with her wife. Once the process is started, the decision about whether to prosecute is not in her control, and the State Attorney and the police together decide whether to prosecute, on the basis of the severity of the alleged offence. A judge has discretion to prosecute, even against the wife's wishes.

No – only the court can take away the right to overnight visitation granted. However, you are entitled to request this, and even ask the court to appoint a welfare officer to investigate the issue,as part of the proceedings. In extreme cases, where a danger to the child could exist, e.g. if sexual abuse is suspected, an urgent,even ex-parte application, can be made to halt visitation,or for it to be held under supervision,or at a special communication centre.

Much will depend on whether there is any reference to this in your divorce agreement. If it is silent,and you cannot reach an amicable agreement with her father about this, then either you or your ‘ex’ can apply to court for instructions, regarding sharing the ‘burden’ (either financially, or in terms of actual transportation) ,or for a change in visitation arrangements that is more convenient,given the current circumstances.

You can file for visitation rights at the family court in Israel. The court will appoint a professional to make recommendations and a report concerning visitation,to help it rule on the case.

As you live abroad the special assistance units attached to the court can be used, and the court may ask its professionals to set times and arrangements for visitation,even during any trip you make to Israel to co-incide with court proceedings,until it rules on the matter itself. Your 'ex' can be explicitly ordered to allow you to meet your son outside the home and can face proceedings for contempt of court if she fails to honour any decision.

Yes! Although the right of grandparents to see their minor children is not specifically mentioned and protected in any Israeli legislation, it certainly feeds off principles that are enshrined and safeguarded in it. For example, Israel is a signatory to the International Convention on the Rights of The Child, which, amongst other things, deals with the right of a minor to know and have a meaningful relationship with his/her extended family. Furthermore, from the point of the grandparents, their constitutional right to a family life, which would include a relationship/contact with their grandchildren, is protected in the basic law: the Human Dignity and Freedom Act.

If your divorce agreement does not provide a mechanism for your  child to maintain contact with the parent with whom he does not go on holiday, then the two of  you are free to negotiate terms, such as phone and computer contact. If you come to written agreement on this, you can even have it authorised by court. Should you fail to do so, however, one or both of you can apply to court to ask it to intervene and decide on the issue of contact between you and your son while he is abroad with his mother.

Yes ! A family court can certainly impose sanctions against a mother who systematically flouts a father's visitation rights. In an extreme case, in September 2008,Rishon LeZion Family Court ordered the money to pay the State 1,500 NIS every time she prevented the father from exercising his visitation rights (Family File11615/08).In a case in 2002 Kfar Saba Family Court,in another extreme case,also fined a mother 1,500 NIS every time she failed to allow the father to exercise his visitation rights.

Ask the court to appoint a social worker and delegate its powers to her to decide on disputes concerning visitation. This will also have the added effect of not taking up the court's valuable time with dealing with issues better handled by a social worker.

Only if you get court permission.  You will have to file a reasoned application well in advance, and be prepared to provide guarantees concerning the children's return, if requested.

In general, the visitation schedule will alternate such festivals so that one year the children will spend Erev Pessach with the mother, and the next Erev Pessach with the father . The child will usually spend the 'second' holiday during Pesach with the parent he/she did not spend Erev Pessach with, for balance. Children may spend time during Pessach week with both parents.

Alternative arrangements can be made about festivals, by mutual parental consent, of course.

Where the parents have very different levels of religious observance their children could be exposed to mixed messages about conduct on Shabbat (Saturday, the holy day of the week for Jews) which is potentially harmful emotionally. Accordingly,  a rabbinical court dealing wih visitation might specifically refrain from setting Shabbat visitaiton.

File for visitation rights.

Yes, probably, as he will not automatically lose his visitation rights, but he may not be able to see them freely. Much will depend on the circumstances . Where a non-custodial parent is violent it is quite ikely that only supervised visitation will be allowed, possibly at a special communication centre.

It is quite normal for Israeli courts to decide that children should spend their time more or less equally with both parents during school holidays.

Reduce opportunities for direct interraction, by , for example, opting for arrangments whereby  he picks up your mutual child straight from nursery, or school, on a Friday, so that you only  have to meet him when he returns the child , on Saturday. The presence of a neutral, third party can help.

The norm is once or twice during the week, for a few hours each time, with overnight visitation alternate weeks. Parents may, however, agree on other visitation arrangements.

Around two - courts rarely award fathers overnight visitation if the child is under this age.