לקביעת פגישת ייעוץ

Custody of minors deals with the legal and practical relationships between a parent and their children, such as the parent’s right to make decisions for their children and the parent’s duty to care for their children’s needs.

In Israel, there is a distinction between custody and guardianship.

Guardianship includes the right and duty to care for all the needs of the minor (their educational, health needs, etc.).

According to the statutory arrangement in Israel, the biological parents of a minor are their natural guardians (Section 14 of the Legal Capacity and Guardianship Law).

Even after the parents separate, both parents remain guardians of their minor children, and are jointly responsible for making decisions regarding their upbringing, education and future, while taking care of their needs and well-being.

Custody (physical custody) and/or custody of the minor(s) refers to the place of residence and permanent sleeping arrangements of the minor(s).

In Israel, at the time of the separation, a single parent is usually defined for the minor (usually the mother) who is responsible for the custody of the minor(s).

The word custody does not appear in the Legal Capacity and Guardianship Law, and it was created in the rulings of the courts.

Actual determination

At the time of separation, the parents have the ability to formulate an independent agreement regarding custody matters. If the judicial authority finds that the agreement is in accordance with the best interests of the minors, it is likely that the agreement will be approved and given the force of a judgment.

In addition, the court may determine the custody of the minor(s) in accordance with expert opinions on its behalf and/or subject to the best interests of the minor(s) and hearing their voice.

Here are some additional details about custody in Israel:

The court will consider a number of factors when determining custody, including the parents’ parenting skills, the relationship between the parents and the children, and the children’s needs.
The court may order joint custody, in which both parents share responsibility for the children, or it may order sole custody, in which one parent has primary responsibility for the children.
The court may also order visitation rights for the non-custodial parent.
Custody orders can be modified if there is a significant change in circumstances, such as if one parent moves away or if there is a change in the children’s needs.
If you are involved in a custody dispute, it is important to speak with an attorney to learn more about your rights and options.

משרד עורכי דין סגל שמחיוב למען הקהילה

לקביעת פגישת ייעוץ

×

Shalom!

What legal advice do you need?

× Consultation 24/7