Child Custody and Visitation Rights

Child Custody and Visitation Rights in Israel

Custody arrangements are among the most emotionally difficult aspects of any divorce. In recent years, Israeli law has undergone a fundamental shift in how custody decisions are made, moving away from automatic preferences toward a child-centered approach. Understanding the current legal framework is essential for any parent going through a separation.

Amendment 100: A Revolution in Custody Law

Amendment 100 to the Legal Capacity and Guardianship Law, enacted in 2017, abolished the "tender years" doctrine that had automatically granted mothers custody of children under age six. In its place, the amendment established the best interest of the child as the paramount consideration in all custody decisions. This change brought Israeli law in line with international standards and opened the door to more equitable custody arrangements.

Factors the Court Considers

When determining custody, the court evaluates a range of factors:

• The child's relationship with each parent — the quality of the emotional and day-to-day bond
• Parental capability — each parent's ability to meet the child's physical, emotional, and developmental needs
• Stability — maintaining continuity in the child's education, social life, and emotional environment
• The child's wishes — taken into account based on the child's age and maturity, typically from ages 10-12
• Willingness to cooperate — a parent who encourages the child's relationship with the other parent is viewed more favorably
• Safety concerns — any history of domestic violence or neglect

Types of Custody

• Joint custody — the child lives with both parents in an equal or near-equal time split. This has become increasingly common since Amendment 100
• Sole custody — the child lives primarily with one parent, while the other parent has visitation rights
• Split custody — different children in the same family are placed with different parents. This arrangement is rare and generally disfavored

Visitation Arrangements

Even when sole custody is granted, the non-custodial parent has a legal right to regular visitation. A typical arrangement includes:

• Every other weekend with the non-custodial parent
• One weekday afternoon or overnight during the week
• Alternating holidays and school vacations
• Phone and video calls on days the child is with the other parent

The Welfare Officer Report

In contested custody cases, the court appoints a welfare officer (pakid saad le-sidrei din) to prepare a detailed report with recommendations. The welfare officer interviews both parents, the children, teachers, and other caregivers, and conducts home visits. While the report is advisory, courts give it significant weight in their final decisions. Parents should cooperate fully with the welfare officer's investigation, as resistance or obstruction is viewed negatively by the court.

Frequently Asked Questions

What is Amendment 100?

Amendment 100 to the Legal Capacity and Guardianship Law (2017) abolished the tender years presumption that favored mothers and established the best interest of the child as the paramount consideration.

At what age does the court consider the child's wishes?

Courts typically begin considering a child's preferences from ages 10-12, depending on maturity. There is no fixed age in the law — judges exercise discretion.

What is joint custody?

Joint custody is an arrangement where the child lives in an equal or near-equal time split between both parents. It has become increasingly common since Amendment 100.

What is a welfare officer report?

A welfare officer report includes interviews, home visits, and assessments by a professional appointed by the court. It carries significant weight in custody decisions.