Joint custody Alimony, residence periods, parental responsibility – under what conditions?
Joint child custody is a situation after Divorce Where custody of the children is divided equally between both parents.
In the following article, we will review the situations in which a decision will be made regarding joint custody of the children of the divorced couple, whether by prior agreement or by ruling of the Family Court.
A few words about custody in general…
domain Child custody Parental responsibility, residence periods, these concepts deal with the practical and legal relationships between parents and their children, the parents’ obligations to care for all the needs of their children, and the parents’ rights regarding making decisions for them.
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In Israel, there is a distinction between legal custody, which sees biological parents as the natural guardians of their minor children, and responsible for their health, educational, and general needs, and physical custody, which refers to the minor child’s permanent residence, when custody of the minors falls on the parent with whom the minor lives.
The phrase child custody often refers to physical custody.
What is joint custody and what other options are there?
In principle, there are four options regarding child custody, with the most common option being that custody of the children is with the mother, with the children in her custody and residing with her permanently.
In these circumstances, the father usually has visitation arrangements under which the children visit him on fixed days and times.
Another possibility is that the father is the custodial parent and the children live with him, while the mother has visitation arrangements with her children. Shared custody is a situation in which the children are split between the parents, with each parent having custody of some of the children, and having visitation arrangements with the children who live with the other parent.
Joint child custody is custody that is divided equally between both parents. This is a liberal and egalitarian approach, which has gained momentum in Israeli society, according to which the children stay with each parent on a rotating basis, with each parent providing all of their children’s needs, including a room, bed, games, closet, toys, and the like.
Agreement on Joint custody: Alone, through a mediator or lawyer
During the separation, the parents have the option of independently formulating an agreement regarding joint custody matters. If the court determines that the agreement is in the best interests of the minors, this agreement will be approved and given legal validity.
However, legal issues that deal with minor custody in general and joint custody in particular are extremely complex issues related to the best interests of the child, including: The issue of the amount of child support, the nature of the education, the standard of living to which the children are accustomed, and their needs.
Joint custody requires geographical proximity between the parents’ residences, as well as the availability and mobility of each parent for the overall benefit of the children.
Agreeing on joint custody requires the resolution of all disputes concerning the best interests of the children and the parents’ ability to fully cooperate in the process.
The advantage of a joint custody agreement Using a jumper It lies in the ability to conduct open negotiations between the parents, negotiations managed by a neutral party with training in the therapeutic field, which leads the parents to informed decisions in emotional and financial aspects, which will serve all parties.
An agreement on joint custody, visitation times, and parental responsibility managed by a lawyer will assist in resolving legal disputes while examining the approval of these solutions in the courts.
A lawyer or mediator, together with the parents, builds and formulates a parenting plan and a plan for the children’s finances as part of the divorce process.
Court decision on joint custody
Whether the parents formulated the joint custody agreement independently or with the help of supporting parties, or whether there are disputes between them, it is the judicial authority that approves the agreement and gives it the force of a judgment.
Family Court Examines the level of parental capacity of both parents, whether the relationship between them is healthy and includes positive communication, mutual respect and trust, as well as presenting practical technical solutions for maintaining joint custody.
However, there are decisions that have ruled on joint custody despite the opposition of one of the parties.
In order to decide on the matter of joint custody, the court relies on the opinions of experts from various fields, such as a psychiatrist, psychologist, social worker, and the like.
Sometimes the court will also examine the opinions of the children, in order to check whether joint custody indeed meets the test of the best interests of the child.
The influence of a Schnitt committee on a decision on joint custody
The Schnitt Committee was established in 2005 with the aim of examining the rules regarding parental responsibility in circumstances where the parents do not live together and examining the question of legal responsibility.
Among other things, the committee examined the need to abolish or change the presumption of early childhood and to enshrine in law everything related to the sharing and division of parental responsibility in divorce. In 2011, the committee submitted its recommendations to the then Minister of Justice, Yaakov Ne’eman, who adopted the recommendations and formulated a bill based on the recommendations of the Schnitt Committee.
On December 22, 2013, the memorandum of law was submitted to the Ministerial Committee for Legislation, which unanimously approved it. The best interests of the child and shared parental responsibility as an alternative to early childhood custody, which was reduced to two years of age.
The effects of a Schnitt committee in the legal aspect are extremely extensive, allowing the court to reach a decision regarding the best interests of the child in deadlock situations, when the court has difficulty formulating a decision based on the data before it.
It is important to emphasize that joint parental responsibility is not necessarily joint custody, but the effects of the Schnitt Committee are evident today in many court rulings that have resulted in joint custody turning from an exceptional decision into a routine decision.
The impact on child support payments
Joint custody means almost equal emotional and financial involvement between the parents, with the involvement also characterized by the father’s direct expenses for his children, therefore his child support is reduced.
The rate of reduction in alimony is an individual figure for the family, and depends on a number of factors such as the income of each parent, the needs of the children, and the standard of living to which they are accustomed.
There are additional parameters that affect the amount of child support depending on the nature of the case. The court determined that the rate of reduction in child support for children in joint custody can range between 25 percent and 100 percent in light of the law. Supreme Court of 2017 Ltd. 919/15 Compared to the child support that the father would have been required to pay in circumstances where his children were in full custody of the mother or during periods of exclusive residence of the mother.
The reduction rates do not come from education expenses and child support expenses, but from basic alimony only. The courts calculate the reduction according to several principles, such as calculating the monthly income after mandatory deductions of each parent, the earning potential of each of them, their property, their social rights, and so on.
Based on these calculations, the courts summarize the child support for each child, which includes basic support plus education and alimony.
The best interests of the children and the best interests of the divorced parents
Joint custody has many advantages, the most notable being that it spares the children the feeling of having lost one of their parents, and the anxiety of abandonment, which is almost completely avoided. The children gain a continuous and meaningful connection with both of their parents, while the division of the burden allows each parent to maintain vitality and comfort.
Joint custody allows for a reduction in tensions and conflicts between parents, with neither party feeling like they are the loser. Joint custody also allows children to make the most of the parental resources inherent in each parent, and the parental authority of each parent is maintained.
In this way, the imbalance in parental authority is avoided, in which fathers often function as entertainment providers, while mothers are seen as the parent who sets boundaries and imposes discipline, and the chance of the child inciting against one of the parents, of the child’s ties with one of the parents being weakened, or of a complete disconnection is reduced.
Read more: The best interests of children in divorce proceedings
What does a joint custody agreement technically include?
Such an agreement includes a declaration by the parents, with the main consideration before them being the best interests of each of their children, with each obligated to work to promote their involvement and cooperation in raising their children, as well as to resolve disputes peacefully and prevent their children from being exposed to the disputes between them.
The agreement defines the responsibilities of each parent in a variety of aspects, such as making decisions regarding the children’s health matters and providing mutual consent for any type of treatment, including psychiatric or psychological treatment.
In terms of education, the joint custody agreement includes involvement and receipt of information from every body related to the children’s education, starting from involvement in parents’ days and participation in events on behalf of the educational setting in which the children are located, to signing certificates.
In joint custody, parenting time is divided in a very liberal manner, including holidays and observances, with the division of time with the children in such a way that at any given time there will be a parent who is responsible for the children.
The parents also undertake to transport the children according to the schedule set out in the parental plan for the purpose of carrying out their various activities, and if the need arises to change the agreed upon dates of stay, the other parent must be informed of this at least 24 hours in advance.
In the event of a change of residence, the other parent must be notified in writing at least two months in advance. Vacation trips abroad with the children are subject to mutual consent, and signatures must be notarized.
In addition to all of this, the joint custody agreement includes a commitment on the part of the parents that in any dispute that they are unable to resolve through negotiation between themselves, they will then turn to a third party, who is a consultant or mediator, to resolve the disputes before going to court.
Read: Appeal against child support payment
An example from a Family Court ruling
A legal and precedent-setting breakthrough occurred when, for the first time in the country, the Family Court exempted the father from child support payments to his children due to joint custody.
Judge Yehoram Shaked set a precedent by ruling that divorced fathers are not obligated under Jewish law to transfer child support to the mother, and they are permitted to pay for their children’s basic needs as a direct expense, without the mother having control over her minor children’s finances.
According to Jewish law, the father is obligated to pay for the needs of a minor, but he is not obligated to transfer the payment to the mother by default, and the children have the option of being supported directly by him.
This precedent-setting ruling was given in the context of a child support claim by a mother with a doctorate against the father of their children, who is involved in imports. In 2007, their relationship soured following the mother’s flight abroad as part of her professional advancement. The couple, who were married at the time, had a Financial agreement and joint custody of their children, an agreement approved in Family Court.
After about a year, during which the mother lived with a non-Jewish partner, the couple divorced, and engaged in legal battles over child support and joint custody.
Judge Nathan Nahmani ruled that due to the fact that the children spend equal time with each parent, the father is not obligated to pay temporary child support, and he will continue to bear half of the medical, education, and clothing expenses.
Following the decision, the mother filed a petition for leave to appeal with the District Court, and after a hearing before three judges, the mother dismissed the petition for leave to appeal.
