To photograph a judge at a hearing?
Serious? (Photo: ShutterStock)
More than five years of a war of attrition and judicial torture recently came to an end, when Judge Idit Ben-Dov Julian of the Family Court in Petah Tikva, accepted all of her divorcee's requests, without sparing words of criticism from the man for his behavior.
The woman was represented in the proceedings by attorneys Avichai Ben David and Arthur Shimonov. Judge Ben Dov Julian gave permission to publish her ruling, without revealing the identity of the parties.
According to the verdict, in 2017, close to the date of the couple's divorce, the woman filed a claim against the man for the dissolution of sharing and balancing of resources, as well as a claim for child support and division of stay times.
About a year later, with the consent of the parties, a judgment was issued regulating the joint custody of the children, and about two years ago a judgment was also issued in the alimony claim, in which it was determined, among other things, that despite the fact that the spouses share equal periods of stay, the woman is the one who alone bears all expenses The minors, who do not depend on residence, and therefore the man was obliged to pay his child support accordingly.
The property claim continued, as mentioned, until recently.
With the consent of the parties, an order was issued to dissolve the sharing of the couple's apartment, and about a year later a receiver was appointed for its execution, when the man's rights in the apartment were sold to the woman.
For the purpose of providing an opinion on the balance of the couple's resources, from the date of their marriage to the date of the separation, the court appointed an expert on its behalf.
"provoke provocations and argued throughout the discussion"
So far everything sounds reasonable, but according to the current ruling, during the proceedings the man did not take any measures and did everything to exhaust the woman by dragging out the legal proceedings, while resorting to countless provocations, contempt of court and ignoring judicial decisions.
Thus, two and a half years after the appointment of the expert by the court, the man refused to cooperate with the expert for the purpose of giving his opinion, did not pay his share of the expert's fees, and refrained from producing the required documents.
In between, the man submitted, with various excuses, dozens of requests to extend the deadline for submitting the documents and to pay the expert's fees, requests to change representation, requests to delay proceedings, a request to disqualify the expert, and more.
All this did not help him, and finally the expert submitted his conclusions to the court, in which it was determined that the man must pay the woman an amount of approximately NIS 330,000.
However, the saga did not end there.
In her ruling, Judge Ben-Dov Julian describes the events in the courtroom during the evidence phase, when the man represented himself after changing several lawyers.
"As soon as he entered the courtroom, the defendant caused provocations and argued throughout the hearing, insulting the court and it is not possible to conduct a substantive hearing," the judge writes in her ruling, "the defendant erupted and shouted throughout the hearing... the defendant entered the courtroom with his partner and refused to leave as a witness that an explicit decision was given... the defendant entered the hearing with a telephone directed towards the court and refused to answer the question of whether he was photographing and recording the hearing despite the prohibition in the law."
The judge also states in her ruling that the man sought to disqualify her from discussing the couple's matter, while doing so with insulting and defamatory words towards her and his ex-wife.
This request of the man was rejected by the judge, after he did not provide any factual reasoning.
Finally, the man chose not to submit his summaries to the court, and therefore the judge gave her verdict based on the material in the case, which reflected the woman's position and the experts' opinions.
Adv.Avichai Ben David and Adv.Arthur Shimonov (Photo: Mittal Azouli)
The judge ruled that, regarding the balance of resources, she accepts the expert's conclusions as they are, and gave his opinion the validity of a verdict.
In addition, the judge accepted the main points of the woman's claims, presented as mentioned by attorney Ben David and Shimonov, and determined that the man must return to the woman half of the amount he withdrew from the joint bank account when the proceedings against him were opened;
to return to the wife his share of the mortgage payments, which the wife bore alone after the date of the rift between them;
To return to the wife his share for repairs in their shared apartment (which was rented), as well as to return to her half of the value of the vehicle he is using.
In addition, Judge Ben-Dov Julian ordered the man to pay court costs of NIS 40,000.
In total, the man was required to pay the woman about NIS 405,000 - before interest and linkage.
Of money
Tags
divorce