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The mother was obliged to pay the father NIS 150,000 because of the slander and parental alienation - Walla! Sentence

2021-11-24T05:28:39.388Z


A woman who did everything to keep her ex-husband away from their son on the grounds that he sexually assaulted him was charged with substantial compensation. The court ruled that she did not tell the truth and only tried to "get rid of the father's presence"


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  • family law

The mother was required to pay the father NIS 150,000 because of the libel and parental alienation

A woman who did everything to keep her ex-husband away from their son on the grounds that he sexually assaulted him was charged with substantial compensation.

The court ruled that she did not tell the truth and only tried to "get rid of the father's presence in the son's life"

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  • Parental alienation

Adv. Gracia Keshti, in collaboration with Legal Zap

Thursday, 18 November 2021, 10:43 Updated: 10:52

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Many parents (Photo: ShutterStock)

Parental alienation is a phenomenon in which a child is estranged from one of his parents, due to the divorce of the couple, as a result of the deliberate activity of the custodial parent.

The phenomenon is recognized in the family courts, but only recently has it received a public response in the therapeutic and legal communities in the country.



Parental alienation can have devastating consequences, and first and foremost there can be a disconnect between the child and one of his parents.

The time element is of utmost importance and enormous weight in the treatment of this phenomenon, since after a few months, the chance of reconnection between the child and the parent is slim, even through professional treatment.



Recently, the Tel Aviv Family Court issued an unusual ruling on the issue of parental alienation, in which it was ordered whether to pay the father NIS 150,000 (along with expenses of NIS 30,000), among other things due to parental alienation, defamation, negligence, and lack of good faith.

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From sexual assault to mental problems and alcoholism

This is a family dispute that began in 2011, in which the mother filed a claim for full custody of her 3-year-old son.

She demanded that the father see the minor "under supervision at a contact center after receiving parental guidance," due to her fear, she said, that the father would drink to the drunk in light of his troubled mental state.



After receiving a review of the family's case, it became clear that the minor was suffering especially because due to the conflict between his parents he was suffering from a skin disease, which worsens as a result of the mental stress.

A court ruled that his parents would begin receiving parental guidance, in order to ease the tension and allow for a logical and rational discourse.



A court examined the mother's allegations of heavy alcohol consumption on the part of the father and conducted blood tests for him.

After the mother did not issue to the court approvals regarding the mental problems the father allegedly suffered, the court ruled that he would hold continuous meetings with his minor son outside the contact center.

"Inflating at best and lying to his name at worst"

According to the ruling, throughout the period the mother exerted massive pressure not to allow the father to go out for independent meetings with his son. According to her, the impression of the social facts from the father was wrong. The mother warned the welfare authorities that if they did not intervene further "a catastrophe could happen".



After the social worker informed the parties that she intended to extend the father's stay with his son so that he would stay with him on weekends, the mother took a series of actions to remove the father from his son. Among other things, she claimed she was ill and therefore could not take him, and filed lawsuits against the father for threatening harassment.



The mother later claimed to the social worker that her son told him that the father was touching his penis, and later the son, accompanied by the mother, told his teacher that she had hired a social worker, according to the Youth Law.



An investigation was conducted in which the father vehemently denied that he had harmed his son in any way.

The pediatrician could not determine the son's credibility and the case was shelved.

The survey determined that although the mother portrays the father as dangerous, the conclusion is that the father's time spent with him can be extended.



The court accepted the recommendation, and the son was allowed to stay at his father's house, but the mother stood on her hind legs and again filed a complaint against the father claiming that he was using violence against the minor.

Since then the son has not been in a relationship with his father for two years.

The father and son were in complete disconnection for two years

Two years later, the father filed a lawsuit to cancel the alimony payment due to his son’s total disconnection from him. At the same time, the father filed a monetary claim against the mother, in which he alleged, among other things, parental alienation, defamation, negligence and breach of statutory duty due to the mother's conduct towards him.



The court ruled that "the claims of the mother regarding the alcohol, the depression and the sexual assault were not true." He further stated that the mother's arguments regarding the father's alcoholism and depression were "a trend inflating of trivial events at best and a lie to his name at worst".



The court wondered "Should the mother really have had to argue vigorously, wherever possible, that the father sexually assaulted the minor as a mistake in good faith?" And he continued: "In fact, the opinion is that the mother was a friend in order to deter the father from associating with his offspring and as much as the minor said something, he did not return except in retrospect about information that his mother and perhaps even his grandmother 'planted' in him."



As a result of those factual determinations, the judgment held that the mother had committed an injustice of accessibility against the father, since all the proceedings, appeals and complaints of the mother had ended in favor of the father:



It was further determined that the mother committed a tort of defamation against the father when she announced that he had committed acts of pedophilia and assault against him.

The court ordered the mother to compensate the father also for being an alienating parent, when due to her conduct the connection between the father and his son was severed.



Against this background, the court ruled for the father compensation of NIS 150,000, stating that the compensation awarded should not be lower than possible under the Defamation Prohibition Law, and that the need for deterrence and increased compensation should be taken into account.

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Following the harsh verdict given against her, the mother filed an appeal to the district court. The latter rejected the appeal, and even ordered the mother to pay expenses in the amount of NIS 30,000. In its decision, the district determined that the mother set herself the goal of getting the father out of her life at all costs, and to that end she had to get the father out of the life of his minor son as well.



A court ruled that in view of all the injustices done to the father it appears that the compensation awarded to him is on the low side, and since the father has not filed an appeal against it the amount awarded to him must certainly be upheld in full.



In conclusion, the phenomenon of parental alienation is a complex phenomenon, which must be addressed with sensitivity and in a smart and effective manner. It is best to consult an attorney as soon as possible. Parental alienation can worsen, so consulting a lawyer who specializes in family and divorce law already in the first stage when signs of the phenomenon appear, can improve the situation.



Preliminary signs of a situation that can develop into parental alienation can be identified, especially when the child is reluctant to make contact, contact, meetings and conversations with the other parent.

If the situation deteriorates, the estranged parent must act quickly, otherwise the relationship with his child may reach the point of expressions of hatred, cursing and outright refusal to meet with him.



The writer runs the

law firm Gracia arcing

specializing in family law and personal status, and has extensive experience in dealing with cases of alienation from parents and claims regarding



Telephone:

053-2264160



article

courtesy of Zap legal



information presented in the article does not constitute legal advice or a substitute for it and does not constitute Recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

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Source: walla

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