The Rabbinical Courts Administration in a dramatic and unprecedented step to protect minors in divorce disputes: The President of the Great Rabbinical Court, the Chief Rabbinate, Rabbi David Yosef, signed new and binding presidential procedural instructions.
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The procedure uniformly regulates and tightens the manner in which rabbinical courts handle urgent proceedings involving concerns about harming the protection of children and ensuring continuous contact between them and both of their parents.
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The new procedure was born from a profound jurisprudential and halakhic concept, according to which a minor's right to a proper and continuous relationship with both of his parents is a fundamental right enshrined in the Convention on the Rights of the Child and is consistent with the overarching principle of the best interests of the child.
On the other hand, in cases of violence or risk, the child is entitled to full protection in the relationship.
The procedure recognizes that the dimension of time has a crucial and destructive importance and influence on the emotional development of the child in situations of separation, and therefore it puts an end to legal foot-dragging and requires all judges in the regional courts to act within rigid timetables and aggressive tools.
The main points of the timetable revolution:
- Hearing within 7 days or decision within 72 hours: In any case where a request is submitted for urgent or temporary relief to ensure contact or protection, where waiting could cause real harm, the court is obligated to hold a hearing in the presence of the parties within 7 days at the latest from the date of submission of the request, or alternatively to issue a detailed and reasoned judicial decision based on the written documents within 72 hours.
- Increased duty of continuity and continuity: The procedure prohibits the suspension of proceedings; all subsequent stages - including the submission of responses by the parties or the receipt of affidavits and expert reports - will be limited to the shortest possible time periods. Deviation from this timetable will be permitted only for special reasons that will be recorded in a reasoned decision.
- Semi-annual supervision and control mechanism: The heads of the regional courts will personally supervise the implementation of the procedure and will be required to submit a detailed report every six months to the President of the High Court and the Director of the Courts on each case that deviates from the outline, along with the reasons for this. Toolbox and severe sanctions against an estranged parent:
In a special and detailed section, the procedure defines the phenomenon of parental alienation as direct harm and abuse to the minor's soul. The procedure clarifies that the courts have a judicial obligation to act decisively, and outlines a series of severe sanctions that will be applied against an inciting or alienating parent:
- Broad administrative sanctions: initiating enforcement proceedings and a contempt of court order, alongside imposing severe restrictions.
- Direct economic harm and legal expenses: Use of financial sanctions and fines for the benefit of the state treasury or for the benefit of the injured party (accompanied by a structured advance warning in the first decisions). The procedure grants explicit authority to reduce or completely exempt the father from paying child support in the event of an estranged contact refusal. In addition, the costs of state representation (on behalf of the Legal Aid Division) will be considered on the estranged parent.
- Consideration of transfer of custody: The procedure states that the alienation occurs under the watch and responsibility of the parent who has custody of the child, and that this failure constitutes a fundamental failure in his or her ability to have custody of the child. Accordingly, solutions will be considered for the immediate transfer of the child to the alienated parent, or for the temporary placement of the child with a third party or treatment center for the purpose of preparing him or her and renewing the relationship.
- Financing private treatments: It will be made clear at the beginning of the procedure that repairing a deep disconnect will require unique treatments from private professional entities (and not just in the public service), and that the disowning parent will bear all of these financial costs exclusively.
- Reducing delays in execution: The procedure instructs the High Court to sparingly consider decisions to delay execution concerning decisions of the regional court intended to stabilize a relationship between a parent and their child.
From the words of the President of the Great Rabbinical Court, Rishon LeZion, Rabbi Yosef: "These proposals aim to eliminate or reduce the harm to the tender souls of children who unfortunately experience parental alienation, and the difficult future consequences of this for those children who have no savior, and whose faces are turned to us.""
The new procedural provisions will be published in Reshumot and on the official website of the Rabbinical Courts and will come into effect immediately.
