Custody of the child and guardianship

Couples who come to divorce or with their children may enter into conflict over child custody, education, and vision. Therefore, it is desirable to conclude a life agreement and property agreement as much as possible, while the parties are not in conflict, dialogue and without wars. Another useful station is the divorce agreement, which also defines the issue of custody, visual arrangements and education. Economic considerations delaying the get is not a reason in terms of the trial, where you can solve them later to get the amount that comes from money, but interest in children, can be reason to postpone the divorce. It is important that there be no vision arrangements or disputes over education when one parent is religious committed and the other is a secular, child custody or conflict. Therefore, when the couple wants to get it, one can close these problems before giving a divorce.

Guardian guardian

The perception that the mother is the guardian has recently undergone a different change, is the opposite between the parents and the courts. Many women are interested in career development rather than being a “housewife” or developing a new relationship or other considerations. It should also be noted that most women in the religious sector are men who study and study Torah, and that the most important tasks for raising children are for parents. Many men want this change in love, so that the child’s custody will not automatically be determined for women. Stronger parents with children require custody and sometimes other economic reasons that may affect the level of child support and today few parents ask about arrest.

The Schnitt Committee

In 2005, the Ministry of Justice appointed the Chitin Committee to Examine Parents’ Responsibilities for Divorce, headed by Prof. Dan Schnit. In 2011, the Minister of Justice adopted the committee’s recommendations, and since the law in early childhood began to reverse.

The recommendations of the Schnitt Law Committee “Preschool Preservation” helped to establish the old perception that the mother “housewife” and father was the breadwinner so that they do not receive the exclusive automatic custody for their children put up to age 6, as long as they are eligible as a mother.

Main recommendations of the Schnitt Committee

The Governor adopted the recommendations of Commission 919/15 in the version that bears “equal parental responsibility” (and not the concept of guardianship). This means that both parents have joint responsibility for childcare, and exercise their development rights.
Revoking the “Presumption of Preschoolers” – in view of the Commission’s new approach that Nate supports the right of a child whose parents are responsible for growth and development with direct personal contact with each of them, the law of place to presume early childhood that custody of children up to age Will be in the mother’s possession. The law provides guidance to parents and the court when there is no parental consent to regulate the distribution of parental responsibility, to achieve it and to implement it according to the child’s interests.

The Schnitt Committee and children’s food

The Schnitt Committee did not deal with the support of children, and now Israel is determined by the Personal Status Law (for example, a Jewish couple – according to Jewish law, Muslims according to the law). The father is fully obligated to eat his children, regardless of the extent of the children’s custody and the evidentiary procedures. The Commission on the One-Side Dispute, in terms of recommendations of child support, and decided that if joint custody of children, Demi (residential) department imposed on his father in the context of foods will be reduced by 25 %%.

However, a new decision 919/15 has decided that child support over 6 years when parents earnings are similar and that their temporary stay will be equal. In other words, each child bears the children’s expenses while he is with him. If there is no equal percentage of the parent income and there is no equal percentage of the time of residence, the relative gap in the child’s payment will be calculated.

Objections to the committee’s recommendations

Opponents argue that the recommendations of the committee will have a negative impact on the authority of men, which may cause women in divorce proceedings to offer various concessions in relation to the division of property and money. She argues that more parents file a custody claim of improper motives, attack the woman in an attempt to pay less child support, treatment of minor abuse to a woman and emotional and far-reaching concessions on property problems.
On the other hand, there are cases where the father is actually a real object dedicated to raising children, as he did after divorce as a full partner in raising children, in which case it is not recommended to check parents can benefit the minor, but in cases where the father filed judicial review where custody of children harm women or make concessions In matters of property, this situation should not be allowed, and the interests of the minor should be examined.

 

To arrange a free introductory meeting, please contact Zilca Law Offices. Mobile Phone: 0522944429

דרכי יצירת קשר

(טלפון: 052-2944429 (אלי

טופס יצירת קשר