The court harshly criticizes the Takuma administration and the State of Israel for not being required for the needs of children whose parents have divorced and who are evicted from their homes.
"It is very important to allow children of divorced or separated parents to have a proper relationship with both," writes Judge Rotem Kudler Ayash, Vice President for Family Affairs at the Southern District Magistrate's Court. "When the family is given only one room, it may detract from the children's right to adequate accommodation with both parents."
It all began a few months before the war, when a crisis between a couple living near the Gaza Strip led to their separation. The day before their case was heard in a court to clarify the dispute, war broke out. The couple and their children miraculously survived and were evacuated from their homes.
A dispute arose between the parents as to where the family members would stay - with the evacuees at the hotel on the Dead Sea, or at a hotel in Eilat. Since they were unable to maintain proper communication between them, the court was required to rule and initially established a nesting arrangement for the children - after they received a family room in one hotel and a small room in the other.
In a discussion held in recent days, it became clear that due to staying in a hotel without a regular schedule or therapeutic routine, being torn from their homes and unable to organize due to the inherent weakness in the state of the family unit, there has been a significant deterioration in the children's condition.
The court appointed a guardian for the children who pointed out the children's involvement in the conflict between their parents. She also raised concerns about the relationship between the children and their mother - because they are exposed to the father's allegations against her.
Judge Kudler Ayash ruled that the parents and children will immediately leave Eilat and move to evacuated hotels in Tel Aviv under a new arrangement: the children will remain in the same hotel, and the parents will look after them alternately every week. Children will also be allowed access to an available and immediate therapeutic space, and parents will be able to independently seek housing in the center of the country.
Assign additional resources
Kudler Ayash noted that the Evacuees Administration should be revived, as well as the National Insurance Institute, to take into account that in cases where parents raise children with equal time-sharing and shared parental responsibility, the grants will be paid equally to both parents from the outset.
In addition, the judge referred to the obligation of the Takuma Administration to be required in a more tailored manner to the needs of children whose parents divorced, and the obligation to allow the children of evacuees whose parents are divorced to live with both parents.
"It is unreasonable to ignore the State of Israel's obligation to allow the children of the evacuees proper residence with each of their parents, whether the time spent is divided equally or unequally between the two parents' homes," the judge wrote.
"It should be remembered that the situation of children during this emergency is fragile, but the situation of children of divorced parents who have a high-intensity conflict between them and who are evicted from their homes is even more fragile, and requires special attention and the allocation of additional resources."
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