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The tribunal transferred toddlers to their father the violent diplomat - after an artist abducted them abroad
An overseas court and the rabbinical court ruled that the two toddlers would be transferred to the custody of their father, a former Israeli diplomat in a Western country - even though he had been convicted in recent years of beating his eldest daughter. A divorce agreement between the parties stipulated the girls would grow up in Israel. To the law
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The rabbinic court
kidnapping
divorce
Daniel Dolev
Wednesday, March 17, 2021, 10:30 Updated: 10:36
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In 2017, Michal and David reached an agreement on divorce.
The Rabbinical Court in Tel Aviv (Photo: Flash 90, Yonatan Zindel, Flash 90)
A court abroad and the rabbinical court in Tel Aviv ruled that two toddlers would be transferred to the custody of their father - even though the same father had been convicted in recent years of beating his eldest daughter. The reason is that the mother, who is not Israeli, left Israel with her daughters. Of the Rabbinical Court, and legally abducted the girls, even though Israel refused to grant her a residence visa.
Michal married David a few years ago (the names are fictitious, and the identities of those involved were hidden so as not to reveal the identities of minors involved), who then served as a diplomat. Israel in a Western country. They both had children from their previous marriage.
A year after the wedding, his daughter from David's first marriage called the local police and reported that he had beaten her. He was forced to return to Israel, where a serious indictment was filed. He pleaded guilty to assaulting a minor. By the person in charge, and the assault of a minor by the person in charge causing actual damage. Among other things, he admitted that "he used to hit his daughter, sometimes with a belt."
Legally, the mother abducted the girls (Photo: AP)
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When David returned to Israel, Michal was already pregnant with their two daughters together.
Even before that, questions arose between the couple about proving Michal's Judaism, and days before she came to Israel following him, she wrote to him in a text message (originally in English): "My husband, my love, I am coming on Sunday. Tell me if I need to arrange transportation or you can meet me. At the airport. We arrive at 12:20 ".
David:
"I'm not your husband. You are not my wife. We are not married"
Michal:
"Did you divorce me?"
David:
"There has never been a marriage. You are not Jewish"
Michal:
"I do, David! You say you will not be in the birth of our babies?"
David:
"This was the halakhic statement of the rabbi"
Michal:
"David, are you telling me not to be with me at the birth of our daughters?"
David:
"It's true."
Later in the conversation, Michal claimed that the rabbi stated that it was not possible to determine with certainty whether she was Jewish or not.
David, for his part, made it clear that they had been separated for several months and therefore she could not claim to live together with him, and that the apartment where they were supposed to live together was rented in his mother's name, so Michal could not claim she lived with him in Israel.
Michal still came to Israel and soon after gave birth to their two joint daughters here.
The mother abducted the children
In 2017, the Rabbinical Court in Tel Aviv received an agreement reached by Michal and David that "the parties reached an agreement according to which, without admitting the allegations, the respondent (Michal) will apply for conversion and the parties will divorce in a harsh manner, which will not recognize her Judaism. .
The agreement between the parties, which was handwritten and recognized by the court, further stipulates that Michal will receive custody of the two daughters, but that David will be able to see them twice a week for three hours, and that they will live in Israel.
Michal submitted an application for a visa that would allow her to continue staying in Israel during the conversion process, but the Ministry of the Interior rejected the application, ordering her to leave Israel within 14 days.
She did not appeal, and flew back abroad with her two young daughters. In order to issue passports to the twins without the father's consent, she stated to the embassy of her country of origin that there was no order or verdict regarding them that might prevent them from leaving the country.
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To the full article
Immediately after Michal and the girls left, David applied to the court and filed an application under the Hague Convention.
This is an international treaty that Israel has signed and deals with the civilian aspects of the abduction of a child by one of his parents.
In response, the Rabbinical Court authorized David to sign on his own any document related to twins in Israel, and revoked his alimony charge.
In addition, the court issued an order directing each authority to take the daughters back into the hands of the father, "as the mother's act constituted child abduction, under the Hague Convention."
Last August, David also filed a petition in the court in Michal's state, and about a month ago, the judge ordered that the twins be transferred to David's custody.
He returned to Israel with them, and now lives with them in Israel.
As part of the legal proceedings, it also became clear that last year Michal complained that her older children - half-siblings of the little twins - had sexually assaulted them.
Welfare services denied most of the allegations, and with regard to others concluded that they could not be verified.
Meanwhile, on the legal level, the conflict between Michal and David is not over.
He recently started preventing the twins from talking to an artist, after one of her associates posted part of the video call between them to support her fundraising project, in order to fund her legal expenses.
At the same time, Michal accesses the court in the country finds a request to re-edit the trial.
According to her, her lawyer resigned the day before the hearing in the previous trial, and only then did she learn that she had not submitted any of the documents she had asked her to submit to the court.
The court has not yet ruled on the application.
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