The Family Court is a court of the Magistrate’s Court, which was established by virtue of the Family Court Law, 1995.
Section 1 of the law states that “the Minister of Justice, with the consent of the President of the Supreme Court, may authorize by order a particular Magistrate’s Court to sit as a family court.”
The purpose of establishing the family courts was to create a single civil court, which would concentrate under its authority all issues related to family law, alongside the religious courts.
The issues within the jurisdiction of the Family Court
Family Court judges are vested with the authority to hear a civil lawsuit, when the cause of action is a family dispute and the lawsuit is between a person or their estate and a person from the family member’s family or estate.
Apart from civil disputes, the field of family law is recognized as a complex legal branch in the State of Israel, because it involves the civil system and the religious system.
In family litigation, the Family Court has jurisdiction to hear the following cases:
Claim to section or Foods , a claim for maternity or paternity, a claim regarding the return of an abducted minor, including under the Hague Convention, a claim under the Arbitration Law, 5728 – 1968 regarding family matters, a claim under the Age Determination Law, 5724 – 1963, and more.
The Family Court has jurisdiction over other issues, but with the consent of all parties involved, the Religious Court can also acquire jurisdiction over these issues:
A claim in matters of personal status as defined in the King’s Council on the Land of Israel, a claim under the Inheritance Law, 5725 – 1965, a claim under the Legal Capacity and Guardianship Law, 5722 – 1962, a claim concerning Division of property in divorce proceedings According to the Financial Relations Law, 5733 – 1973 and more.
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How are divorce proceedings conducted in Family Court?
First, it is important to understand that Divorce By themselves, meaning the divorce, they do not take place in the family court but are under the authority of the religious court.
The relevant religious court for Jewish citizens is Home Rabbinic Law, known by the public as rabbinate.
Divorce proceedings can take place in the Rabbinical Court or in the Family Court – a state of affairs that leads to the creation of Race Powers Between the courts.
The difference lies in the fact that the Rabbinical Court bases its rulings on Halacha and Jewish law, while the Family Court bases its rulings on the principles of Israeli law, which may differ on some issues due to the different perspective.
In the eyes of the public, the Family Court is perceived as a court that takes a more liberal and progressive approach towards women, and therefore it is preferable for women to litigate there and for men in the Rabbinical Court.
However, this statement is not always correct and before a decision has been made regarding the judicial instance in which the procedure will take place, it is recommended to seek legal advice. Legal advice on behalf of Family lawyer.
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Where are the family courts located and what is the cost of conducting the legal process?
Family courts are spread throughout the country, in places where magistrates’ courts are located.
The costs of fees in the family court vary depending on the type of issue being discussed. Accordingly, the amounts of legal expenses depend on the court’s decision, as in any other instance, and the attorney’s fees are determined, as in other cases, by agreement between the parties and the attorney.
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