In Israel, there are no procedures that clearly define how contact between children and parents should be maintained or restricted, about whom there are indications and suspicion of violence against their children or against the other parent, and who are in the process of separation and divorce. This is according to a report by the Knesset Research and Information Center, prepared at the request of MK Naama Lazimi (Labor) and obtained by Israel Hayom. It is estimated that hundreds of children fall between the chairs each year.
Knesset Channel
A bill was placed on the table of the current Knesset, which is intended to regulate the issue of determining the best interests of a minor in situations where there is suspicion or high concern of domestic violence but a conviction has not yet been received, and it is expected to be raised soon in the Ministerial Committee on Legislation.
The report by the Knesset Research and Information Center examined and compared the situation in Israel compared to several countries around the world and found that, unlike Israel, these countries have laws or procedures that directly relate to the obligation to check whether there is domestic violence, how it manifests itself and what its implications are when discussing the best interests of the child, determining custody and stay arrangements, even in cases where there has not yet been a conviction or no indictment.
In Israel, if a couple is in the process of separation and divorce and fails to reach an agreement regarding custody and length of stay, the court will discuss and decide on the issue. The guideline is the best interest of the minor. However, there is currently no provision in the law that explains what is in the best interest of the minor and requires the courts to consider the need to prevent his exposure to a parent about whom there is suspicion and information that he is violent.
MK Lazimi, Photo: Oren Ben Hakon
In many cases, even though violence against the other parent or one of his children is recognized and recognized, such as a mother staying with her children in a shelter for battered women, or the opinion of a social worker, that parent receives equal living arrangements in a way that does not reflect the best interests of the minor. In fact, the law today allows for the existence of guardianship and very extensive residence arrangements for a parent who has not yet been convicted, even if it is proven that he was violent, and even when there is a suspicion that he sexually abused the minor.
Legal and emotional connection
Unlike other offenses, in domestic violence offenses there continues to be a legal, emotional, familial and economic connection between the perpetrator and the victims of the offense. From the response of the court administration to the authors of the report, it emerged that when discussing custody and determining the nature of the relationship between an abusive parent and his children, there are no designated procedures or guiding principles regarding cases in which there are allegations or proof of violence by an abusive parent, and the decision regarding custody and guardianship is at the discretion of the judge. The Ministry of Social Affairs also does not have clear procedures in such cases.
The report found that no procedures were published regarding appropriate processes for families, in which it was alleged that one spouse was violent towards family members. The Ministry of Social Affairs employs various tools to deal with violence in emergency situations, but according to the report, there is no reference to how to protect children in emergency situations in cases where one of the parents is violent. The bill on determining the best interests of a minor in situations of domestic violence proposes that the court must take into account violence, including sexual violence, directed by a parent against family members when determining what is in the best interest of the minor.
The bill's initiator, MK Naama Lazimi,
According to the bill, if the court is convinced that there is a reasonable suspicion of the existence of serious violence, it is in the minor's best interest to reduce the stay arrangements or determine that they will take place under supervision only. It is also proposed that a parent convicted of an offense of violence, abuse, neglect or sexual abuse be deprived of guardianship of the minor, except in exceptional circumstances.
The best interest of the child
The bill's initiator, MK Naama Lazimi, says: "The idea that children who have experienced violence at home continue to experience it even after divorce, under the auspices of the public systems, should shake the country. The physical and mental well-being of children comes first. The report clearly shows that professional work has been done all over the world that has led to legislation and procedures, which is their goal. The Ministry of Social Affairs must ensure clear procedures in emergency situations that will protect the child."
The Welfare Ministry's response: "The ministry sees children as witnesses to violence – children who are victims of violence. This concept is anchored in the work of all services that provide treatment to families in which there is suspicion of domestic violence, and is even reflected in the tool for assessing domestic dangerousness. It should be noted that social workers regarding legal procedures are instructed to address this issue when formulating recommendations to a judicial instance regarding the parent-child relationship in families where there is domestic violence. In the event that a parent raises suspicion of harm to his child, the matter is reported to the Youth Law social worker for examination and treatment."
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