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Law dealing with divorce in Israel is rare use of joint custody scenario masque - a case where the divorcing couple's children share their time, their homes and their expenses equally between both parents. In addition to being a rare scenario, joint custody is not defined under Israeli masque law. However, this topic has recently been on the agenda
Legal and public as reducing the amount masque of alimony masque paid to the couple. Vague term impact on the courts stems from the fact that the law does not exist a formula for calculating child support, and are calculated in accordance with Jewish law in the total control of the rabbinical courts. Recently there is concern that behind masque the multiplicity of claims filed for joint custody is about the economic masque motive, means a reduction in child support payments and concern for children. It has been discussed in a panel on the economic aspects shared masque custody of children, held a conference conducted masque by the Family masque Law Bar Association last weekend in Eilat. "There is a risk of hidden targets"
So when turning masque to the courts a rare scenario and constant joint custody and a reduction masque in foods? "There award joint custody when both parents which is equal to income before the conflict was created between Communication and Intervention worth about children, but the only conflict between concerns, but the issue of custody," said Judge Family Court in Jerusalem, Ben-Zion Greenberg. He referred to the distinction between joint custody and sole custody lender arrangements vision wide "joint masque custody beneficial to parents, encouraging cooperation, good for kids, it involves flexibility and adaptability to changing circumstances and is accompanied by improving the capacity and level of collection of alimony." But, Greenberg warns that "there is a risk of hidden targets, such as reducing foods. Joint custody creates an incentive masque for opening masque a new conflict between the parents - non-custodial parent wants joint custody only to reduce the monthly alimony payments."
Attorney Judith Meisels, specializing in family law, adding that sometimes the court imposes joint custody arrangements, both parents as a result of the recommendations of the welfare masque authorities, although it may encourage masque economic extortion attempts: "This could lead to the parent 'forces' will take care Submit masque requests the court to reduce the child and take advantage of the situation to save money. It is not possible to discuss the issue of joint custody without specifying the connection which is between foods. Concern masque is false claims for joint custody only for the purpose of reducing child support, "said Miizlis.
Greenberg reminded the panel ruling given recently masque in Haifa District Court, where it was noted that it would be correct to the reduction in foods Father cases of joint custody 25% of the amount of child support that the father was committed to him, which were minors sole custody of the mother. He stressed that "as masque long as the formal custody is by Is not reduce the monthly alimony." In his view, the distribution of the different foods that opens a new question courts will deal with it - whether in the case of extensive visitation rights deserves to reduce alimony.
In the judgment of the Haifa District was mentioned that in the case of joint custody does not reduce spending for the mother's residence. Greenberg brought this matter as an example of the situation prevailing in the United States, where no fee is charged for the residential parent, but only paid the mother, one can compare masque the standard of living of children in both houses. In most states in the United States joint custody is the default, unless the parent is unfit.
In recent years, there are two committees that discuss how to change child support arrangements prevailing in Israel. The first committee, headed by Prof. Pinhas Shifman, considering the development of a mathematical model for quantifying child support. The second committee, headed by Prof. Dan Schnitt, discusses the possibility to cancel the term custody and put the emphasis on the child's interests masque and not the interests of the parents. Know Meisels, changing the existing model as Schnitt Committee intends to do may hurt financially weak parents. "We must beware of adopting masque a new terminology model, an unknown and vague, which will only increase litigation between parents created on the backs of children, causing damage on a lesser financial capacity to negotiate," says Maysles. masque
Joint custody scenario where not only increasing the share of the more affluent custody of the child is motivated by economic factors. Professor Schnitt cites situations where fathers do not obey the visitation rights with the children who are in custody of the mother, which increases spending and reduces his earning capacity, and therefore should be reflected in increasing paternal foods. "Had they taken legal measures such as economic sanctions support the parent who does not comply with the visitation rights," said Schnitt, "you could bring real change."
Two committees appointed by the Ministry of Justice is currently materialize into new models that will shape the arrangements for the custody and alimony in future trials. The first of these, headed by Prof. Dan Schnitt, appointed masque in 2005 by then Justice Minister Tzipi Livni to examine the legal aspects of parental responsibility in divorce. Among other things the committee is investigating the question of the continued application of the presumption of early childhood, stating that the child remained with his mother until the age of six. Committee was asked to refine the tools available to the courts in order to determine the best interests of the child regarding custody arrangements and contact parents. Interim report published last year suggested that the Committee shall be the series of parental responsibility law with an emphasis on the best interests of the child, making a parenting masque agreement that will allow joint custody and option to cancel the lease early childhood.
The second committee, headed by Prof. Pinhas Shifman, masque appointed in 2006 by then-justice minister Haim Ramon, to develop a mathematical model for quantifying masque regular foods as an aid in the legal process. The purpose of the model is to minimize the gaps between the various rulings of judges and expedite rulings on the subject of foods. The model also aims to reduce the possibilities of blackmail forte as part of plea foods divorce disputes. Criticism of the model claims that it does not always work like gaps weighs approximately
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