Right of the Child
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The essential principle that passes like a golden thread in law, in judgments and in every occasion of childustody is the principle of " The good of the child".
It's important to emphasize, not the good of the mother or the good of the father, these issues aren't relevant to the court in the matter of child custody. The court is only concerned with the good of the child.
The central theme in a divorce agreement between a couple is the matter of custody of the children at the time of separation.
I emphasize that these days when there are material disputes concerning which parent is best suited to be custodian, in most cases the court will appoint a psychologist as an expert to examine the suitable custodian, an examination known as "parental suitability".
Likewise, I emphasize that in law children younger than 6 years old are in the category of "Tender age", which means that children of this age will be with their mother unless there are significant reasons for deciding otherwise.
This principle is secondary to the principle of "for the good of the child" and the central test is which of the parents is able to provide the child with a better life".
How is the "good of the child" determined?
The court in Israel and in the world adopted two parameters for examining this concept.
1st.
Satisfying the material needs, in other words "which of the parents is best capable of providing a better standard of life for the child?"(In the physical sense)
2nd
Regarded with great importance, is the parameter of satisfying emotional and spiritual needs of the child. In other words which of the parents is most sensitive to the feelings of the child and is best able to fulfill these emotional and spiritual needs.
Judgment also acknowledges that when there is a conflict between these two parameters the latter applies.
In the light of the above one of the central issues determining custodianship of minor children and parental suitability is: With which of the parents will the child have the most consistent and secure relationship possible at the time of separation of the parents?
This issue received recognition as being a basic need in the framework of "the Convention of the rights of the child, 1989" which determines that the child has the right to be in contact with both parents. This is his basic right as a human being.
In the light of the above, prevention of normal relationship of the child with the father because of the mother's behavior after the divorce or conversely prevention of relationship with the mother because of behavior of the father is a basis for transferring the rights of custody to the parent who is more capable of following the arrangements for normal relationship with both parents.
The court recognizes that the centrality of the motive of "the good of the child" is necessary to impart to the child feelings of love for both the father and mother, not only because they deserve this as a natural right of being parents but also, and this is probably more important, because nurturing these feelings will enable the child to develop in a tranquil and happy manner.
ABOUT THE AUTHOR: Boaz.E.GORK ADV
n the course of the last 17 years ADV Boaz E Gork has specialized in Family Law.
ADV Gork was born in S.Africa, received his early schooling there, speaks fluent English. ADV Gork is well known for his patient and tolerant approach in his relationships with everybody who gives his clients a feeling of security and comfort in his presence.
ADV Gork’s office has branches in TEL AVIV and Modiin. He’s readily available to all his clients and handles their issues with speed and efficiency which cannot be equaled, in a warm and personal way with every person who approaches him and he’s very much aware that the problems he deals with can vary widely and that each requires great sensitivity.
ADV Gork’s office specializes in all aspects of divorce, domestic and family law .
ADV Gork lectures in forums for men and women relating to legal rights in divorce situations and in advisory capacity to committees of various organizations in matters of personal status rights.
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More information about Boaz Gork Advocate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The central theme in a divorce agreement between a couple is the matter of custody of the children at the time of separation.
I emphasize that these days when there are material disputes concerning which parent is best suited to be custodian, in most cases the court will appoint a psychologist as an expert to examine the suitable custodian, an examination known as "parental suitability".
Likewise, I emphasize that in law children younger than 6 years old are in the category of "Tender age", which means that children of this age will be with their mother unless there are significant reasons for deciding otherwise.
This principle is secondary to the principle of "for the good of the child" and the central test is which of the parents is able to provide the child with a better life".
How is the "good of the child" determined?
The court in Israel and in the world adopted two parameters for examining this concept.
1st.
Satisfying the material needs, in other words "which of the parents is best capable of providing a better standard of life for the child?"(In the physical sense)
2nd
Regarded with great importance, is the parameter of satisfying emotional and spiritual needs of the child. In other words which of the parents is most sensitive to the feelings of the child and is best able to fulfill these emotional and spiritual needs.
Judgment also acknowledges that when there is a conflict between these two parameters the latter applies.
In the light of the above one of the central issues determining custodianship of minor children and parental suitability is: With which of the parents will the child have the most consistent and secure relationship possible at the time of separation of the parents?
This issue received recognition as being a basic need in the framework of "the Convention of the rights of the child, 1989" which determines that the child has the right to be in contact with both parents. This is his basic right as a human being.
In the light of the above, prevention of normal relationship of the child with the father because of the mother's behavior after the divorce or conversely prevention of relationship with the mother because of behavior of the father is a basis for transferring the rights of custody to the parent who is more capable of following the arrangements for normal relationship with both parents.
The court recognizes that the centrality of the motive of "the good of the child" is necessary to impart to the child feelings of love for both the father and mother, not only because they deserve this as a natural right of being parents but also, and this is probably more important, because nurturing these feelings will enable the child to develop in a tranquil and happy manner.
ABOUT THE AUTHOR: Boaz.E.GORK ADV
n the course of the last 17 years ADV Boaz E Gork has specialized in Family Law.
ADV Gork was born in S.Africa, received his early schooling there, speaks fluent English. ADV Gork is well known for his patient and tolerant approach in his relationships with everybody who gives his clients a feeling of security and comfort in his presence.
ADV Gork’s office has branches in TEL AVIV and Modiin. He’s readily available to all his clients and handles their issues with speed and efficiency which cannot be equaled, in a warm and personal way with every person who approaches him and he’s very much aware that the problems he deals with can vary widely and that each requires great sensitivity.
ADV Gork’s office specializes in all aspects of divorce, domestic and family law .
ADV Gork lectures in forums for men and women relating to legal rights in divorce situations and in advisory capacity to committees of various organizations in matters of personal status rights.
Copyright Boaz Gork Advocate - Google+
More information about Boaz Gork Advocate
View all articles published by Boaz Gork Advocate
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
