The Ashdod Family Court yesterday rejected a father's request to fly with his six-year-old son to Uman, Ukraine, ahead of Rosh Hashanah.
According to a report on the Ashdods website, Judge Anat Alfasi ruled that it was in the child's best interests to remain in Israel, given the tense security situation in Ukraine and Israel.
The father, who has been traveling to Uman for 15 consecutive years, requested to bring his eldest son with him this year. The mother strongly opposed the request, claiming that the war in Ukraine endangers the child. The couple's children, who live with their grandmother under a supervision order from the welfare department, were declared needy under the Youth Law due to difficulties in the parents' functioning.
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In her decision, Judge Alfasi emphasized the importance of the principle of the best interests of the child: "As is known, the principle of the best interests of the child is the central principle in all matters concerning decision-making in the affairs of minors, as stipulated in the Legal Capacity and Guardianship Law.""
The judge cited the Israeli Foreign Ministry's travel warning: "Due to the ongoing war in Ukraine, the Foreign Ministry reiterates its call on Israeli citizens to refrain, in a blanket manner, from reaching the country's territories, including the city of Uman and its surroundings... The security situation in Ukraine continues to be explosive, including the danger of aerial bombardment or rocket fire, and constitutes a real threat to human life.""
She also added the Ukrainian Foreign Ministry's warning from September 12: "Due to Russia's ongoing military offensive against Ukraine, we warn that the current security situation poses a real threat to human life and safety. The safety of pilgrims coming to Ukraine cannot be guaranteed.".
Regarding the father's proposal to fly via Moldova, the judge ruled: "This is an attempt to circumvent the express prohibition, which exposes the minor to completely unnecessary risk, both on the bumpy road from Israel to Moldova and from there to Uman, and in the city of Uman itself.""
The judge also referred to the security situation in Israel: "To this must be added the existing security tensions in Israel with the opening of the campaign in the north, due to which a 'special state of emergency' was declared, many airlines began to cancel their flights to Israel, so that returning to Israel may also encounter difficulties.""
The judge also called on the father to reconsider his trip: "The father would do well if he also considered, this year, staying in Israel and allowing his five young children to welcome the New Year in his presence.".
The court ordered the father to pay legal costs of 500 shekels on the grounds that he could have avoided submitting the application in light of the public warnings that were issued.
