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International Divorce In Israel, Child Custody, Property Distribution,

International Divorce In Israel, Child Custody, Property Distribution,

International Divorce in Israel

 

By David Ben-Asher, adv

 

When a couple goes overseas to seek fortune and fame or is forced to perform the civil ceremony marriage overseas to due

Strict religious demands. The Global village creates a danger when one party seeks to dissolve the marriage. Especially when the parties do no agree on major issues like property distribution, spouse supports, child custody, visitation rights.

 

This is particularly true in Israel where Jewish Religious Courts have exclusive Jurisdiction over marriage and divorce matters for Jewish couple. A growing population of mixed couple (one party is not Jewish) is forced to perform their civil marriage ceremony in a place like Cyprus. Due to the close proximate, lax legal requirements and package deals offered through many travel agencies. Once married in Cyprus and after registering the civil marriage certificate with Israeli interior ministry. The marriage is valid for all intended purpose under Israeli secular laws.

 

However, at the dissolution of marriage proceedings of mixed couple, the petitioner is sometimes required to prove the internal law of the place where the marriage took place in order to dissolve the marriage.  In the last 7 years Cypriot family laws have moved toward harmonization with EU laws. However, in mixed marriage it is sometimes inconsistent with Article 49 of EC: Fundamental right to a family life and directive 73/148/ EEC.

 

 As an expert in many Cypriot family laws matters and International divorces. I found out that many Cypriot contested cases drag out for many years for no good reason. Since proving breakdown in marriage under Cypriot statues and cases is relatively straightforward. This not only hurt’s the client emotional well being life but also his pocketbook.

 

Being tide up in Israeli family Civil Courts for many years due to unreasonable demands of her husband or because one party is unable to prove Cypriot family laws or other foreign laws is quite unbearable for many women who want to go on with her life and start a new family.

 

For a couple with young children, a nightmare scenario occurs when one party decided to take the law into their own hands and kidnaps the children overseas and cleans the Joint bank accounts at the same time.

 

 

These issues point out the fact that in dealing with complicated International Divorce. International counsel must not only be familiar with internal laws of the place the marriage took place but he also must be familiar laws of the Jurisdiction the other party resides and the laws of the Jurisdiction where he intended to litigate the Dissolution of marriage. In order to give his client the best advise to effectuate his/her substantive rights.

 

 

High stakes International Divorce proceedings usually involve the followings issues:

 

Custody of the children.
Distribution of martial assets
Grounds for divorce: fault or no fault and how it affects the distribution of assets
Supposal support
Procedural issues
Jurisdictional issues

 

 

A party or counsel must not make the mistake that a Court Judgment or a Court Order is automatically enforced in a different Jurisdiction. Therefore, a smart Strategic litigation is essential to successfully litigating an International divorce case.

 

 

 

Disclaimer: This Article is for general information purposes only. Readers should take specific advice from a qualified professional when dealing with specific situations.

 

The author practices International law. For further information on this topic please contact David Ben-Asher by email: Davidbenasher@walla.co.il or by telephone 0524537214

Address: 41 shaul Hamaelech st, PO BOX 33228, Tel -Aviv, 61331, Israel.


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United Nations Special Rapporteur on Torture Manfred Nowak has accused US President Barack Obama of violating international law for not bringing CIA torture agents to court.

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Child Custody Rights for Mothers and Fathers

Public policy (Legal doctrine)
by dbking

Child Custody Rights for Mothers and Fathers

These days, the issue on child custody had taken a 180-degree turn when the law no longer believes that mothers should be the first priority in the event of the couple’s separation or divorce. Nowadays, decisions on child custody cases are based solely on the best interest of the child.

At best, decisions on child custody are not gender specific. This is deemed fair for both father and mother, and the best for the child or children.

Custody rights of mothers

Under the eyes of the law, mothers and fathers have important roles to play in the growth and development of their children. A father’s bigger income compared to that of the mother does not entitle him outright custody in the event of a divorce.

In paternity suits, all of the 50 states in the U.S. view mothers as the child’s primary caretaker. Here, mothers can file a petition against the father on behalf of the child asking him to prove his biological paternity (and his legal fatherhood of same).

If it is proven, mothers has the right to ask for child support, medical and health insurance of the child, a share in the medical expenses during birth, and pay a portion of the mother’s legal expenses.

If the father fails in his obligations, the mother has the right to ask the court to terminate custody rights of the father. She can also ask to nullify visitation and custody rights of the father if there is physical abuse or violence.

If the physical and mental stability of the father affects the emotional and psychological development of the child, mothers can file a petition for a transfer of custody.

Custody rights of fathers

Before the 70s, custody was often vested with the mothers following the “tender years doctrine”. The tender years doctrine presumed that children 13 years and under should be with the mother.

Later, it was found that the doctrine violated the Equal Protection Clause in the 14th Amendment of the U.S. Constitution. In most states, the guideline was for the best interest of the child.

This became public policy to determine child custody awards and the law to guide the family courts. Despite this, many family courts today still give great weight to the mother’s role as the primary caregiver.

Nevertheless, more fathers are now winning custody of their children. In some, it is settled by mutual agreement between parties. In others, the children declare preference in living with their fathers.

In cases where there a deadlock and the courts do the deciding, fathers prove to be the more emotionally stable parent. They present to the court their better abilities in providing better living environment for their children.

In other circumstances, the mothers are sometimes unable to afford the expenses of a protracted custody battle, or are set in pursuing a career for themselves, or some other reasons.

Today, however, more and more fathers are getting custody of their children whether by mutual agreement or by the decision of the courts. Most courts have placed equal importance to both mother and father in the delicate and emotional issue of child custody.

Child Custody Made Easy® helps parents facing a child custody case deal with the painful battle. We are a group of experts and legal professionals and we provide professional and legal information on child custody, child support, visitation rights, parenting agreements, helping children during divorce and more. Visit our website and sign up for our free newsletter and see how we can help you succeed in child custody case.

 


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2010
11/21
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