Below are readers' questions about 'Orders/Temporary Relief', which we have chosen to answer. More detailed information on 'Orders/Temporary Relief' can be found on our main website, Family Law in Israel.
You can apply to cancel the orders and meantime try to negotiate an agreement with your husband in which you specifically undertake to return to Israel with your child, at the end of the visit, and acknowledge that Israel is the child's country of habital residence. Even if your husband will not co-operate,you can stlll apply to court on an emergency basis for permission to allow you to travel outside of Israel with the baby,for a visit only, between specified dates ,and cancel the orders, temporarily, to faciliate this. The court has discretion to grant you permission even if your husband objects, but subject to condtions, if it decides this is appropriate, although an international convention is in place anyway which would give protection to your husband anyway if you tried retain your child in America and not return him/her to Israel at the end of the visit.,
Not unless he is physically or verbally violent. An order banning the husband from the family home will only be granted by a court if he is physically or verbally violent to you or the children, or their is a real risk or fear of violence on his part towards a member of the family. You cannot just force a separation between you and your husband, for your convenience,or to make life simpler, when there is no legal justification.
Yes, although it is a rare legal step, he can apply for an emergency order to stop you leaving Israel - without you even knowing about it. Your boyfriend can apply urgently to the family court in Israel to appoint a guardian for the foetus and for emergency steps to protect its interests - a temporary injunction (order) to prevent you, as the carrier of the foetus, from leaving Israel. If the court grants a temporary order preventing you from leaving Israel, you must be served with the order, and the court must set a hearing within 7 days.
Regarding an adult, where the order was granted ex-parte (without the other side's presence,and even knowledge), you have a maximum of 14 days from the time it was given, until the hearing which must be set within this period, in the presence of both sides.
You can make an urgent ex-parte application to the family court for the appointment of a guardian for the foetus and for emergency steps to protect its interests - an injunction to prevent your pregnant girlfriend, who is carrying the foetus, from leaving Israel. If the court grants an order preventing your girlfriend from leaving Israel, it is bound to set a hearing within 7 days. The court may also refer you both to the court assistance unit to see if you can reach a settlement via mediation.
Their Israeli I.D. numbers, and any passport numbers, Israeli or foreign. You should have their full names, in Hebrew and English, which should be listed on any official documentation you have.
Their Israeli I.D. numbers are listed on your own I.D. card, if you have one, on the attached piece of paper. The Ministry of Interior has records of any Israeli passport listed against the child's I.D. number,and may even have a foreign passport listed, though this is unlikely as anyone with Israeli citizenship is supposed to leave and enter Israel on an Israeli passport.
Yes! An Israeli court can make an order preventing the children moving within Israel if the move is likely to have a negative impact on the father's visitation or parental rights, but it cannot ignore the mother's right to freedom of movement.
Yes, you can apply for an ex-parte order to stop the children being taken out of the country, if they there is an attempt to leave one of Israel's borders with them. A temporary order can be obtained from the family court or a religious court almost immediately, on the basis of your claims only.
Yes! You can take advantage of certain provisions in Israeli legislation which acknowledge and protect the rights of a foetus (unborn child),and ask the family court to grant an emergency ex-parte order to prevent your girlfriend from leaving the country. A hearing will be set afterwards,even if the ex-parte order is granted,and both parties will have the opportunity to put forward their case.
In theory, this should be unlikely as the Supreme Court has held that the constitutional right of freedom of movement can only be restricted regarding foreign residents, whose centre of life and source of income is abroad, in the most extreme cases. In practice, however, if you owe child maintenance, it may be possible for the mother to manipulate the system, open a file at the bailiff's, giving your Israeli I.D.Card, and conceal the fact that you live abroad, and apply and get such an order, within the framework of proceedings to recover the child maintenance debt.
It is unlimited in time - but can be cancelled any time if you satisfy the Chief Bailiff that it should never have been granted in the first place, or you pay the debt, or part of it, and give a suitable guarantee about the remainder, or provide alternative means of covering the debt.
It can be granted for a period of up to a year,for a debt, which is not for unpaid maintenance.
Your first priority would be to file an urgent application to the family court to appoint a legal guardian for the foetus and grant an emergency order to prevent your girlfriend from leaving the country. After that you can enter into negotiations with her with the aim of reaching a court-authorized agreement that will protect everyone's interests, but especially your parental rights, and that of the child's to have a relationship with both of his/her parents.
Yes, open a plea for marital reconciliation at the rabbinical court, and within it apply for an order preventing him leaving Israel.