The Knesset plenum approved this evening (Monday), in second and third reading, the restoration of the authority of rabbinical courts to adjudicate child support - following a High Court ruling from several months ago, which denied the courts this authority, despite the language of the law.
The bill reiterates what was enacted in 1953, that rabbinical courts are authorized to hear claims for "child support" related to divorce proceedings.
About nine months ago, the High Court of Justice ruled in a majority opinion of Justices Yael Wilner and Ruth Ronen against Justice Noam Solberg that the rabbinical courts do not have the authority to discuss alimony related to the divorce process.
As a result, chaos has been created in the world of family law, and now, following the Knesset legislation, calm is expected to return to the field.
The bill was issued as a temporary order for two years, during which time a special committee appointed by the President of the Grand Rabbinical Court, Chief Rabbi David Yosef, will discuss and formulate recommendations on the subject of dividing the burden of child support between parents and the method of calculating child support, in a manner that will create expectations and uniformity in the tribunals and courts.
Rabbi David Yosef said: "I welcome the Knesset's decision to restore the legal authority that has always been given to the rabbinical courts to discuss child support issues involved in divorce. The High Court ruling created great confusion and harmed the proper order of family law in Israel, and returning the authority to the courts will restore the necessary stability.".
""The committee of experts I appointed will, with God's help, finish formulating a halakhic outline that will be clear, balanced, and respectful of the responsibilities of both parents. Our ambition is to bring about refinement of the criteria, uniformity in rulings, and the prevention of unnecessary disputes between spouses at a sensitive time. Concern for the well-being of Israel's children is what stands before our eyes.".
MK Simcha Rotman, Chair of the Constitution Committee: "I am pleased to announce that the bill from the Constitution Committee that I chair, the Rabbinical Court Jurisdiction Law on Marriage and Divorce, was approved today in second and third readings.
""The law will return the powers to the courts, as determined by law, and the legal situation to that which existed before the High Court ruling. The law will allow the rabbinical courts to hear child support claims that were involved in the divorce claim, and it clarifies the language of the law and prevents duplication of litigation.".
""I think the High Court ruling issued last year created unnecessary chaos and violated the powers of the courts in violation of the law. I am glad that the Knesset and the committee I headed acted quickly and responsibly and restored certainty and order to the issue of alimony until a comprehensive arrangement will arrive, God willing, in the permanent law.".
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