• English
  • עברית
Home

New!

Does a father of a teenage son who refuses to meet with him have any chance of getting full or partial exemption from paying him child support ?

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!

Is a parent who is fighting a child custody battle entitled to file a private psychologist's report if he/she objects to the one submitted by the expert the family court itself appointed?

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.

Does a Roman Catholic wife ,who is separated from her Roman Catholic husband,in Israel, have to apply to the church court if she wishes to apply for custody of their mutual child?

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.

How can a father ,who is overseas with his child's foreign passport, be prevented from carrying out his threats to travel to Israel,and abduct the child ,who holds dual nationality, from Isarsel, where he lives with his mother?

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.

Will a woman who has been intimately involved with a married man for years, entertains and feeds him almost daily in her home,goes out with him, and gets financial suppport from him, be regarded as his "common-law wife", in Israeli law, if, every night, he returns to sleep with his wife, at their marital home?

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".

Can legal action be taken against a foreigner who is violent towards his girlfriend, in Israel?

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.

Do Israeli courts have the authority to interfere in urgent health issues concerning a child, against a parent's wishes?

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.

Is a woman who divorces in Israel likely to suffer financially and be jointly liable for gambling debts that he husband ran up, without her knowledge?

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.

Is it possible to cancel a paternity ruling given a long time ago, if was based on false genetic testing?

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.

What should a mother with custody of her children do, if the father refuses to return them home to Israel, after visitation in the U.K. for the Christmas/Chanukah holiday?

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.