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A couple decides to divorce. After this sad and painful process, a judgment is issued or a divorce agreement is drafted and granted the status of a court ruling, defining the parenting time each parent has with their children. In both cases, the parents are obligated to respect the custody and visitation arrangements exactly as written.<\/p>\n
Unfortunately, not every parent respects the visitation schedule set out in the judgment or agreement. There are cases in which one of the parents\u2014usually the custodial parent\u2014refuses to transfer the child to the other parent, justifying it by claiming that the child \u201cdoesn\u2019t want to go.\u201d<\/p>\n
The result is not only a violation of the other parent\u2019s rights as the child\u2019s legal and natural guardian (according to the Legal Capacity and Guardianship Law, 1962), but also a violation of the child\u2019s right to maintain regular contact with both parents. This constitutes a blatant breach of the law and causes emotional harm to both the parent and the child. And when a parent continually behaves this way without a justified reason and even encourages the child to refuse contact with the other parent, this may raise concerns of parental alienation in all its forms.<\/p>\n
In such cases, the usual reaction is to file a claim in the Family Court to compel the refusing parent to abide by the parenting schedule and transfer the child accordingly. As we know, this process is sensitive, lengthy, expensive, and exhausting\u2014and meanwhile, the child continues to distance themself from their mother or father.<\/p>\n
Not everyone knows that there is an effective alternative to legal proceedings: enforcing the court ruling directly through the Enforcement and Collection Authority (\u201cHotza\u2019a LaPoal\u201d)\u2014without filing a legal claim in Family Court.<\/p>\n
To obtain a mandatory order for child transfer through the Enforcement Authority, two preliminary conditions must be met:<\/p>\n
A valid court ruling regulating parenting time<\/strong>, whether it is a judgment or an approved divorce agreement.<\/p>\n<\/li>\n A clear indication in the ruling that it can be enforced through the Enforcement Authority<\/strong>, such as: \u201cThe court orders that this judgment be executed through the Enforcement Authority.\u201d<\/p>\n<\/li>\n<\/ol>\n When these two conditions are met, one may apply to the Enforcement Authority and submit a request for a mandatory order to execute the judgment, compelling the refusing parent to transfer the child according to the schedule (Section 62(a) of the Enforcement Law, 1967). After the request is submitted, a warning is issued to the obligated parent, requiring them to comply within a specified timeframe. If they fail to do so, the registrar will take the necessary measures according to the law (Sections 62(a) and 62(b)).<\/p>\n If one of the two conditions is not fulfilled, action is still possible, but first the Family Court must be approached to either grant the arrangement the status of a formal ruling (to meet the first condition) or add a clause enabling enforcement through the Enforcement Authority (to meet the second condition). Only once both conditions are fulfilled can one proceed with the fast-track enforcement route.<\/p>\n This procedure also applies in cases involving international parenting. When one parent lives outside Israel and the custodial parent refuses to comply with the ruling despite a court decision, the same enforcement mechanism applies. The Enforcement Authority can be used to compel the transfer of the child, applying pressure without engaging in lengthy and expensive court proceedings in Israel\u2014as long as the two required conditions are met.<\/p>\n No one wants to see a situation where a child is removed from their home against their will. Therefore, the Enforcement Authority does not use physical force or coercion. It operates with great sensitivity, prioritizing the child\u2019s best interests, and works in coordination with welfare services and professionals such as social workers, in accordance with Regulation 95(b) of the Enforcement Regulations, 1979.<\/p>\n Often, attempts at mediation or renewed contact with the court are made first (Section 62(b) of the Enforcement Law, 1967) before resorting to any physical intervention.<\/p>\n The goal is not to use violence or force, but rather to enforce parental responsibility in a balanced way to prevent situations where a parent disregards a court ruling. The Enforcement Authority strives to balance the need to protect the parent\u2019s rights with the child\u2019s emotional and physical well-being.<\/p>\n Many parents are unaware of their rights and the legal tools available to them. Instead of engaging in exhausting legal proceedings, parents who are not receiving their children according to the established schedule should check whether the conditions for enforcement through the Enforcement Authority are met.<\/p>\n Do not give up on your relationship with your children or your parental rights. [\/author]<\/p>\n 13 Avenue Bugeaud Paris 16\u1d49 13 rue Shimon ben Shetah, 9414713, J\u00e9rusalem
\nWhat if the Parent Lives Abroad?<\/strong><\/h3>\n
\nCan a Child Be Taken by Force?<\/strong><\/h3>\n
\nIn Conclusion<\/strong><\/h3>\n
There is a legal, practical, effective, and faster solution.
Use it\u2014for your benefit and for the child\u2019s.<\/p>\n![\"\"](\"https:\/\/abitbol-associes.com\/wp-content\/uploads\/2020\/05\/Logo-AA.jpg\"){kind=logo}
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