About a week ago it was announced that MK Tali Gottlieb intends to submit a shocking bill, according to which the presumption of early age will be abolished, which, as of today, gives full custody to the mother of a child under the age of 6. As part of the bombshell dropped by MK Gottlieb, she wrote that "Men and fathers in divorce proceedings - I am proud to announce at a good time that a bill will be submitted to amend the Law on Legal Training and Guardianship in such a way that the 'child custody' will be abolished.
No more supremacy for mothers.
Egalitarian parenting for the benefit of the peace of mind of the children of Israel.
Expect an unrestrained struggle by the women's organizations, but as mentioned, only the law determines."
In fact, MK Gottlieb is not the first person interested in making a revolution on the issue. In recent years, several bills have been put forward to cancel or reduce the presumption of pre-school age, when in 2017 it was confirmed in a preliminary reading that the presumption of pre-school age would decrease from 6 years to 2 years. About a year earlier, Sharet The Justice at the time, Ayelet Shaked, retracted and took a step back from dealing with the issue, while announcing the establishment of another committee to examine the cancellation of the presumption of early childhood and child support. In practice, already in 2005, the Shenit Committee was appointed by the Ministry of Justice and discussed the entirety of parental responsibility for about seven years. They participated in it. Representatives from every profession that has a bearing on divorce proceedings, when at the end of the discussion, the main recommendation was to cancel the presumption of pre-school age and not to establish any alternative presumption for the child, in order to prevent discriminatory parental definitions between the parents and the creation of a hierarchy of parent type one and parent type two.
It has nothing to do with age (Photo: ShutterStock)
Against the background of MK Gottlieb's planned move and in light of the sensitivity, or rather the explosiveness, and the weighty consequences of the issue, also in economic aspects for the public in Israel, we caught up with attorney Yossi Hershkovitz - an expert in family law.
In practice, does the custody of the preschooler exist and do the courts automatically transfer the custody to the mother?
"No. The courts today examine the best interests of the child in fact regardless of the presumption of pre-school age. We should not ignore the ruling of the Supreme Court (Handel before his retirement), which says that the pre-school presumption is arbitrary and exists and the courts cannot ignore it, however, in practice and in practice, even if this is not explicitly stated , the courts actually often ignore this artificial presumption. The legal discourse today emphasizes the concept of "the best interest of the child" - a principle that guides the courts. The trend is that it is in the best interest of the child to have two parents present and active without any arbitrary dependence on a certain age. This is radical: there is a
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breasts Especially during the breastfeeding years, there is a special bond between the mother and the baby, therefore it is impossible in the name of the principle of equality to cancel the biological bond.
"Any age determination is artificial. Each specific family must be checked. Even if it is a child whose father served him from his first day, it cannot be taken from him. Any determination will be arbitrary and incorrect."
That is, the legislator lags behind the ruling.
Is this another example of disconnection between the Knesset and the courts?
"The desire to repeal the law is a classic example of how the legislator lags far behind the ruling. The entire legal system in family law in Israel, including among the rabbinic courts, for years have not operated according to the approach that up to the age of 6 custody is with the mother, but instead examines each case individually and each family individually. Possession Early childhood is an anachronistic and patriarchal presumption in the sense that it is based on the assumption that the wife is a housewife and lives at home with the children, while the husband is outside and earns a living. Today, in most cases, both parents work and both take care of the children, and the determination regarding custody after separation will be derived from the specific circumstances of each family."
A sensible bill.
MK Tali Gottlieb (Photo: Reuven Castro)
Attorney Yossi Hershkovitz (Photo: Public Relations)
So then, is there a need to change the legislation at all?
"The reality shows that there are women who believe that they have some advantage due to this presumption, and it is time for the legislator to follow the ruling and abolish the presumption that makes no sense. In order to illustrate the absurdity of the presumption, let's look at families with two mothers. And what about the case of a family with Two fathers? Where will the possession be? In the bottom line - this is an archaic possession that has no relevance for today's families."
There are quite a few voices who believe that this time too, the initiation of legislation on the subject is mixed with political considerations and a desire to rake in image capital.
"The vast majority of family law attorneys believe that there is room for repealing the law.
There is no doubt - those who work in the field understand how harmful this possession is.
At the same time, it is to be regretted that this fundamental issue that affects so many families that are in divorce proceedings, is also becoming a charged political issue.
Instead of dealing with the essence of the law and its impact on families in Israel, we find ourselves caught in a political whirlwind that the only thing it achieves is harming families, parents and children.
There is no doubt that once this presumption disappears from the number of laws, many conflicts will be resolved.
I look forward to a substantive discussion on the subject.
The discourse must be cleared of the political background noise and concentrated on the essence and above all."
How does the issue of the presumption of early age affect the question of alimony and is it necessary to make a separation in law between the issue of alimony and the issue of custody?
"Today, when the courts determine child support, they ignore the definition of custody and actually determine the division of days between the parents. The determination of custody is irrelevant. What is examined is how long each child is with the parent and accordingly the child support fees are determined. The rabbinical court system also which by its nature is more conservative, for years, does not accept the presumption of early age as a presumption that will determine custody and what determines is the specific reality of the family. A
final word
? In Tel Aviv, they are trying to root the concepts of 'custody' and 'evidence arrangements' and move to a format of defining parental responsibility and dividing the children's stay between the parents.
Therefore, it is clear that the presumption of early age is valid to pass from the world and one hour earlier is fine."
Sheee
sex and relationship
Tags
divorce
Tali Gottlieb
