In order to file a custody claim, there are 2 options:
1. Filing a divorce claim with the Rabbinical Court, in a lawsuit filed as a custody issue.
2. Filing a custody claim in family court
The party that first files the lawsuit, as is customary, will determine in which instance - the tribunal or the court - this issue will be discussed.
I would like to point out that it is possible to ask the court/court to also discuss the issue of the children's education.
According to the Legal Training and Guardianship Law, which applies both in the court of law and in the courts, parents are equal guardians of their children.
When the parties are involved in divorce proceedings, it is necessary to decide who will be the custodial parent, with whom the children will reside, and who will receive visitation orders, and to what extent - that is, what days and hours the children will be with him.
When determining visitation arrangements, it is important to ensure that they are visitation arrangements that can be maintained. That is, if the father works/studyes long hours, there is no point in determining visitation arrangements whereby he will pick up the children at 4 o'clock four times a week, as there is a high probability that many meetings will be canceled, thereby causing the children real distress.
It should also be taken into account that one of the parties may move, and may not necessarily be able to afford the travel involved.
Therefore, I recommend that both parents reach an agreement regarding visitation arrangements, taking into account the father and mother's schedule, including the possibility that they will remarry and move - in order to reach the most optimistic situation, in which the children and the non-custodial parent will meet as frequently as possible.
How is custody determined?
The main principle for determining custody is the principle of the best interests of the child - that is, where it is most appropriate and appropriate for the child to grow up.
Typically, a social worker/welfare officer will meet with the family and provide a review that includes a recommendation regarding custody and visitation arrangements.
The court/tribunal examines the review, and usually approves its recommendations, unless there is a special reason not to do so.
I will note that generally, children under the age of 6 will be with their mother, and since it is customary not to separate children - it is reasonable to assume that this will also be the case with older children. However, joint custody can be requested even at such ages.
It is also possible to establish graduated viewing arrangements - that is, viewing arrangements without accommodation at a young age, and with accommodation at an older age.
Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
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