How Are Children Protected During Divorce in Israel

Divorce is tough, but when kids are involved, the stakes get even higher. At Segal Simchauve and Co., we know how overwhelming the whole process can be. That’s why we’re here to break it down. Our goal is to give you the information you need to know about how kids are protected in Israeli divorces.

How Are Children Protected During Divorce in Israel

Today, we’ll provide reassuring guidance from experienced family lawyers.

Key Takeaways

  • Kids’ welfare is the top priority in Israeli divorce law.
  • Courts focus on keeping kids stable and healthy.
  • Israel has special courts for family issues and helps families with parents from different countries.
  • If the parents are from different countries, both international agreements and Israeli law come into play.

Why Children’s Protection Matters in Divorce

When getting a divorce in Israel, the courts make decisions that put the kids’ needs first. In 2024, around 14,000 divorces were registered in Israel, according to the Israel Central Bureau of Statistics. Therefore, it’s our moral responsibility to make sure kids are safe and emotionally sound.

Israeli Legal Framework: An Overview

Israeli family law is unique, drawing from both religious and civil codes. Here are the basics:

  • Family Courts: They deal with most divorce cases, but Jewish citizens have their divorce process handled by religious courts.
  • Best interests of the child: This is a key principle that’s outlined in the 1960 Guardianship and Custody Law and the Hague Convention.
  • Child custody consultation: Normally, the law encourages parents to talk to experts before making final decisions.

Key Child Protections Under Israeli Law

1. Custody Arrangements

  • Physical Custody (Residential): This determines where your child will live. Historically, courts favored mothers with kids under six.
  • Legal Custody: This is about who makes big decisions – things like education and health.

In recent years, Israeli courts have moved towards giving both parents a bigger role in bringing up their kids. The focus is on what’s best for the child.

2. Child Support

After separation, both parents must support their child financially. Typically, child support is calculated using:

  • The number of kids
  • How much each parent earns or has potential to earn
  • What the child needs to live a decent life
  • How much time each parent spends with the children.

On average, you’re looking at 1,400 to 2,500 NIS per kid each month for child support, give or take. Some recent reforms are trying to level the playing field by taking both moms’ and dads’ incomes into account.

The Israeli Supreme court in case 919/15 (בע”מ 919/15) laid out new ground rules for Child support calculation.

3. Child’s Voice in Court

Kids in custody cases have the right to have their say, especially if they’re old enough. The judge might ask for expert opinions or appoint someone to meet with the child.

4. Mediation & Welfare Officer Involvement

  • Mediation: The law says parents must go to mediation sessions, also known as the Mahut process. This approach helps cut down on emotional stress and time in court.
  • Welfare Officer: When conflicts get worse, a court appointed social worker looks at the situation and gives the court advice.

5. International and Expat Scenarios

We at Segal Simchauve and Co. have deep experience helping expat families. International aspects add complexity:

  • Dual Nationality: If a parent wants to move abroad, the Family Court needs to give its okay, making sure it’s in the best interest of the child.

Step-by-Step: Protecting Children During Divorce

1. Seek Expertise Early

Book a child custody consultation with us to get started. Getting early advice from a lawyer is key to knowing your rights and responsibilities under Israeli law.

2. Gather Documentation

You’ll need:

  • Your government-issued ID and the kid’s birth certificate
  • Proof of income and where you live
  • Any existing parenting agreements

3. Consider Mediation

Israeli courts usually need at least one mediation session. When both parents can agree, things tend to go much more smoothly. It’s also less stressful for the kids, and a lot cheaper too.

4. Prepare for Court If Needed

If some issues still aren’t resolved, the Family Court or Religious Court gets involved. The judge might bring in experts to check out the child’s needs and what the family’s life is like.

5. Respect International Protocols

For expat and dual-national families, ensure legal permissions are in place for international moves.

 Key Protections for Children of Expats During Israeli Divorce

Protection How It Works in Israel Our Support as Your Lawyers
Custody & Visitation Negotiable, prioritizes stability Guide negotiation, court representation
Child Support Formula-based, reviewable in court Accurate calculation, appeals if needed
International Moves Court approval mandatory Comprehensive handling, all paperwork
Mediation Court-required, child-centric Arrange sessions, advocate your rights
Child’s Voice Judge may solicit child’s views Prepare child and submit expert opinion

Internal Resources From Segal Simchauve and Co.

Check out these helpful resources on our site:

  • Family Law in Israel — learn about Israel’s local laws and how they work.
  • Our Blogs — read our blogs for expert insights on Israeli family law.

Why Choose Segal Simchauve and Co.?

At Segal Simchauve and Co., we’re all about blending caring Israeli child support with expert legal know-how. If you’re an expat, Anglo, or have a dual-national family, we’ll help you make sense of Israeli family law:

  • We’ve got decades of experience in child custody and family law.
  • We offer service in two languages: English and Hebrew.
  • Our specialty is handling cases that cross borders.
  • We’ve had proven success in resolving even the toughest disagreements.

Ready to talk? Get a discreet child custody consultation with our team of English Speaking Israeli family lawyers today and protect your child’s future.

Frequently Asked Questions

1. Can I move abroad with my child after a divorce in Israel?

It only happens with a court’s okay. Israeli law prioritizes the child’s stability, so both parents or a judge need to agree.

2. How is child support calculated in Israel?

Assessments are based on parents’ incomes, the number of kids, and the standard of living.

3. Do children get to choose which parent they live with?

The court thinks about the child’s wishes, especially if they are mature. But their main concern is always what’s best for the child.

4. What is the ‘Tender Years’ Doctrine, and is it still relevant?

It used to be assumed that kids under 6 automatically live with their mom. But these days, courts are more open to different arrangements.

5. How long does the divorce and custody process take in Israel?

Typically, it takes around 4-6 months if parents dispute it, but it usually resolves quickly if they can agree or use a mediator.

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