• English
  • עברית

I was advised to 'win' the jurisdictional race and rush to file for custody at the family court before my husband files me for divorce at the rabbinate. What is meant by all this?

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.