A Guide to Joint Custody in Israel

What Should You Know About Joint Custody in Israel?

Joint custody in Israel refers to an arrangement where both parents share equal responsibility for the care and upbringing of their child. This plan includes sharing the time the child is physically present in their homes, taking turns bringing them to medical appointments and events, and splitting the cost of clothes, food, and other items for the child. Some may be interested in joint custody because it can reduce or eliminate child support payments if both parents have similar incomes. However, it is vital to remember that support payments depend on many factors, and this should not be your sole reason for seeking shared custody.

Until recently, joint custody was nearly unheard of in Israel unless the parents specified its use in their divorce agreement. Both the Family and religious courts are slowly beginning to order joint custody in more cases. However, courts may still be very hesitant to use it unless both parents are on exceptionally good terms. Joint custody requires extensive communication, flexibility in scheduling, and a strong commitment to making the arrangement work for the good of the child. As such, this type of custody plan may not be appropriate for every situation. A knowledgeable Israeli child custody attorney can explain what you need to know about joint custody so you can make an informed decision that is right for you and your child.

How Common is Joint Custody?

In recent years, the attitude of the courts in Israel on the issue of custody after separation has shifted towards granting joint custody more frequently. Having both parents highly involved in their lives is generally beneficial for a child’s well-being and upbringing, provided both parents are fit. While joint custody is trending upward, this does not necessarily mean that parenting time will be equally divided in every divorce dispute.

If both parents agree amicably to the details of a joint custody agreement, they can present their plan to the court, and it will likely be approved unless the court discovers a compelling reason why it would not be healthy for the child. Israeli law follows Article 18 of the UN Convention on the Rights of the Child (1989), which states that the child’s best interests should always be the foundation for determining custody. To make this determination on what is best for the child, the court will carefully consider many factors, such as:

• The child’s age and gender.
• The ability of each parent to provide a stable environment and educational opportunities and meet the child’s needs.
• The nature of the parent’s relationship with the child before the divorce.
• The child’s wishes if they are old enough to make them known.

What Issues Should You Consider Before Seeking Joint Custody?

Depending on your circumstances, you may face some barriers to obtaining joint custody. While a challenging situation does not mean getting joint custody is impossible, you may face an uphill battle to convince the court that it is the best choice. Some issues which could complicate your case include:

• Pursuing joint custody as a father: Israel follows the Tender Age Doctrine, which means it is presumed that children under the age of six are best kept in the care of their mother. It can be tough for fathers of young children to get joint custody if the mother does not agree to it.
• Your work schedule and availability: When you have joint custody, you share all aspects of parenting 50/50 with your former spouse, including doctor visits, school pick-ups and drop-offs, and transportation to activities. If your job or schedule is inflexible and you cannot consistently be available for these tasks, joint custody may not be a good fit.
• Your previous relationship with your child: If you did not play a prominent role in your child’s care before the divorce, the court may be unlikely to give you equal parenting time with your former spouse.

Can Your Custody Agreement Be Impacted By the Court in Which It Is Heard?

Child custody matters in Israel can either be handled by religious or secular courts depending on the religious affiliations of the parents. It’s important to note that the ultimate goal of both courts is to act in the child’s best interests, although there can definitely be differences in the court’s rulings regarding custody and child support. Your lawyer can evaluate your case and determine whether one jurisdiction may be more or less preferable.

Does Joint Custody Affect Child Support?

Israeli law does not have child support guidelines, and therefore, amounts can vary from case to case, even where incomes and needs are the same. Due to the uncertainty surrounding child support obligations, joint custody may be appealing to parents who are seeking to decrease or avoid child support payments. A landmark Supreme Court ruling in 2017 decided child support should not be ordered in cases where the parents’ income is similar, and the custody of the children is shared. However, support may still be ordered in joint custody situations if the parent’s incomes are unequal. It’s vital to consult a skilled lawyer to understand exactly how your finances and custody arrangement may affect your child support payments.

How Can an Experienced Attorney Help You?

Navigating your new role as a divorced parent and handling the custody process can feel very overwhelming, even if you and your ex are on good terms. Setting up joint custody may seem like the most equitable solution, but it is crucial to understand the details and possible challenges of the arrangement before going to court. Joint custody in Israel is a complex issue that is influenced by various factors, including the parents’ agreement, the child’s best interests, and the religious affiliations of the parents.

It is recommended to seek legal advice to understand the specific implications and requirements of joint custody for your unique situation. Contact Hait Family Law today at 077-200-8161 to schedule a free case evaluation to discuss your legal rights and options as a parent.