Holistic Approach of Family Court
When I filed for maintenance for myself and our two children at the family court I was shocked when I saw the judge’s name. It was the same judge that was ruling on another dispute involving my husband at the family court. It doesn’t seem very neutral to me. It seems to me that he already knows my husband’s side and won’t be fair to me. Is this so and do I have a right to ask for another judge ?
Answer:
No. One family court judge can hear all the disputes within a family . This does not mean the judge will be biased or have already formed an opinion. The holistic approach is designed to give an integrated solutions to legal conflicts within a family and avoid conflicting decisions being made by different judges.
These were the conclusions of a judgment by the family court in Beersheva which rejected a request by a defendant in a maintenance case brought against him by his adult son for the judge to ‘dissolve’ herself. The defendant claimed that the judge had already been exposed to material unfavourable to him in an earlier maintenance plea against him – by his wife and two young daughters- and could not, therefore, be impartial.
The court held: ‘ The aim is that the same court, the same judge shall deal with all the disputes so that he/she can end the disputes within the same family from a perspective over all the disputes, and not a split between judges, segment by segment, so that each judge sees only his/her own part, and is not able to bring the whole conflict to an end, so that there will not be mistakes arising from conflicting decisions.’ It added that in this particular case, not only were there no grounds for the claim of bias, but that it had been raised too late.
The Courts Act of 1984 provides for the removal of a judge from a particular case where there is a ‘ substantial risk of bias’ . The Civil Procedure Rules of 1984 state that such a plea must be raised at the start of the hearing, before any other. It can be raised later if there was no earlier opportunity, and it is raised immediately after it is known. A right of appeal exists straight to the Supreme Court regarding a decision by a judge who is asked to step down from hearing a case.
Family Court – Creation
Question:
How are family courts created ?
Answer:
The 1995 Family Courts’ Act provides for existing magistrates courts to function as a family court via orders made by the Minister of Justice, upon the agreement of the President of the Supreme Court, and for the determination of the area over which they have jurisdiction. Since the creation of the act, orders have been given to set up family courts throughout the country.
Local Jurisdiction - Family Court
Question:
At which family court should a file be opened ?
Answer:
Under the 1984 Civil Procedure Rules where the parties in proceedings at the family court are spouses or parents and children the plea should be made at the court serving the area in which the sides live. Where they live separately, it should be made at the court serving the place in which they last lived.
Different Pleas At Different Family Courts
Question:
What happens if different proceedings concerning the parties exist at different family courts ?
Answer:
The Family Courts’ Act of 1995 relates to two possible situations where different proceedings have been opened at different family courts . Where the family courts lie in different areas of jurisdiction, the Supreme Court President or Vice-president can decide that proceedings are to be heard at one of them, at his discretion, so that they will be dealt with together. However, where the proceedings are at different family courts within the same area of jurisdiction they will all be heard at one family court to be decided by the President of the Magistrates’ Court or the Vice-president of the Family Courts , according to the Courts’ Law (Consolidated Version) 1984.
Jurisdiction - Family Court For Ex-Spouses
Question :
I am entitled to part of my ex’s pension according to a court judgment given several years ago. After my 'ex' retired, I received my part of his pension according to the judgment, until he decided to take up a second job, and I started getting less of his pension for his first job. He refuses to co-operate and check with the wages department from his first job .. Which court should I turn to and what plea should I file to protect my rights?
Answer:
As an ex-spouse, you are regarded as a 'family member' under the Family Courts Act of 1995 and accordingly you are entitled to bring your dispute with your 'ex' to the family court. In principle , as an ex wife, your rights to your ex-husband’s pension should not be jeopardised if he takes up a second job after retirement. If in practice they have, then you should apply to the family court for a declaratory judgment regarding them, and can give an appropriate order so that you receives what is due to you.
In June 2002 Tel Aviv family court dealt corrected a mistake in a case when the pension was wrongly taxed after the ex-husband had started working which resulted in the 'ex' wife receiving less. The court gave a declaratory judgment restating her rights and ordered the army’s wages department to transfer the appropriate percentage of the net pension after taxation according to the original rate for a single salary.
Family Court – Venue For Defamation Suits Between Spouses
Question:
Where can a married person bring legal action against his or her spouse for remarks made in public aimed at hurting his or her reputation and pocket ?
Answer:
At the family court ! A plea for compensation for defamatory remarks made in front of others and aimed at damaging a spouse’s reputation and pocket should be made at the family court . Under the 1995 Family Courts’ Act, it has jurisdiction to hear any action where a family dispute is at the basis of the conflict, and that includes pleas under the 1965 Anti-Defamation Act.
Family Court – Brothers’ Conflict Over ‘Gambling’ Win
Question:
Which court has jurisdiction to deal with legal proceedings brought by one brother against another over a conflict between them concerning winnings from a win on a sport-based gambling ticket ?
Answer:
The family court. According to the 1995 Family Courts’ Act brothers are regarded as family members entitled to bring actions against one another in the family court, providing that a family conflict is at the heart of the cause of action
Family Court - Jurisdiction Over Cohabitees
Question:
Does one have to live with one’s partner for a minimum period of time in order to qualify for jurisdiction at the family court as a common-law spouse or cohabitee ?
Answer:
No ! There are major conditions required for qualifying as a common-law spouse or cohabitee, (cohabitation as man and wife with shared household management), but no time period is set. In October 2003 the Tel Aviv Family Court held: “ The requirement is for communal living on a permanent basis, and not a temporary stay in the other’s apartment. However, there is no requirement for a minimum time period of communal living under one roof, but the shorter the period, the greater the burden of proof on the one, in our case the plaintiff, claiming it.”
Privacy & The Family Court
Question:
Are proceedings at the family court open to the public, or are held in private ?
Answer:
Under the Courts’ Act of 1984 family law proceedings as defined in the Family Courts’ Act of 1995 must be held behind closed doors unless ruled otherwise, apart from three exceptions. They are a) pleas under the 1965 Inheritance Act where the legal grounds are not based on a conflict within the family; b) pleas under the 1956 Names Act or c) pleas under the 1963 Determination of Age Act.
Temporary Order – Family Court’s Jurisdiction
Question:
A few months ago I bought rights in a plot of land in the centre of the country from a man but have yet to register the change of ownership . I have now found out that the family court recently gave a temporary injunction against him preventing him from selling the rights . I have also heard that this man is involved in a dispute with his brother over the plot of land. Does the family court have the authority to make that order preventing him from selling?
Answer:
According to the Family courts’ Act of 1995 the family court can deal with any plea between family members where the root cause of the action is a conflict within the family. Where it does so, it is entitled to make temporary orders such as the one described. If, however, in the above case it transpires that the true dispute is between the buyer and seller of the land, and that the family dispute did not make a substantial contribution to the cause of the action, then the family court will not have jurisdiction to hear the case and make orders. This is because the plea will be based on a cause of action in contract law, and jurisdiction will lie with the ordinary civil courts. The family court will then transfer the case, or strike it out.
Family Court – Jurisdiction to Recognize Foreign Divorce
Question:
Which court in Israel has jurisdiction to recognise or enforce a foreign divorce judgment relating to a couple who have no religion ?
Answer:
The family court. Under the Family Courts’ Act of 1995 the family court has jurisdiction to hear matters of personal law according to the Palestine Ordinance in Council (1922-47) , which include marriage and divorce, where a religious court does not have jurisdiction. Where a couple have no registered religion or a religion that is not recognised in Israel, then the family court will have jurisdiction regarding the recognition of a foreign divorce judgment . This was stated in a case before the Tel Aviv Family Court in 1998 involving the recognition of a Romanian divorce judgment concerning a couple who had no registered religion and both had joint Israeli and Romanian nationality.
Family Courts – Assistance Units
Question:
Can family members who are involved in proceedings at the family court get help to solve their problems rather than fight ?
Answer:
Yes. Under the Family Courts’ Act of 1995 the family court can refer sides to special assistance units attached to it. These offer evaluation, counselling and treatment. The court can order a professional it appoints from the unit to investigate a particular matter and present its findings and recommendations in report form to the court. The court is not bound to accept the professional’s opinion, though it is usually guided by it.
No Jurisdiction Over 'Stop Orders' on Minors
Question:
My ‘ex’ got 'stop' orders preventing our children leaving Israel, at the family court, claiming that I was planning to ‘abduct them’. I then filed for custody at the family court but he objected to it having jurisdiction. He claimed that the rabbinical court, where we had divorce proceedings at the time, had jurisdiction. Can I get the orders cancelled because of this ?
Answer:
It would seem so. If a father/husband or ‘ex’ claimed that the family court lacked jurisdiction over custody he cannot then argue that the court has jurisdiction to prevent their exit, especially if he fails to file an appropriate main plea within a week.
These points were emphasized by Tel Aviv Family Court in December 2003 when it cancelled temporary orders made against a divorced couple’s children several years before at the father’s request. He had claimed that the mother had ‘disappeared’ and was planning to ‘smuggle’ the children out of Israel. She filed for custody at the family court but he contested jurisdiction and the court rejected the custody plea. The father never filed a main plea connected with the exit orders.
Family Court Proceedings Started After Youth Court Ones
Question:
What happens when proceedings concerning a minor exist at the youth court and then a new plea concerning him is made at the family court ?
Answer:
Where proceedings at the family court concerning a minor start after proceedings concerning him already exist at the Youth Court , The 1995 Family Courts’ Act gives the president of the Magistrates’ Court discretion whether to transfer the matter to the family court. If he decides to do so, the family court then has discretion as to whether to continue the case from the point where it was reached, or whether to start from the beginning again.
Family Court Jurisdiction - 'Ex' Moslem In-laws
Question:
Can a Moslem man bring an action concerning property against his Moslem ex-daughter-in-law at the family court, or must he go to a Moslem religious court ?
Answer:
Yes, he can sue her at the family court, as did a Moslem ex-father-in-law who brought eviction proceedings against his ex-daughter-in-law at the Kfar Saba family court, which passed judgment on the matter in March 2003.
Wife In America, Husband in Israel - Divorce
Question:
If a Jewish couple married in a civil wedding ceremony in the States and later in a traditional religious one in Israel where can or should they divorce if she remains abroad and he has returned home ?
Answer:
Firstly, it is preferable for a couple in this situation to have both a civil and a religious divorce and be regarded as legally divorced in both countries. If not, one of them might wish to remarry and then discover that he/she was still regarded as married in one of the countries.
Regarding the religious divorce or “get” a rabbinical court in Israel has exclusive jurisdiction to decide on the divorce of two Jews who are citizens or residents of Israel wherever they got married in the world, and no matter in what ceremony. If one party remains overseas, but agrees to divorce, the 'get' can be arranged in Israel via a messenger, without the need for that party's actual physical presence.
On the civil front, the couple should go through the civil divorce procedure according to the American state in which they married.
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