Abstract

http://ssrn.com/abstract=1788847
 


 



The Function of 'Custody' in Israeli Family Law


Yoav D. Mazeh


Ono Academic College Faculty of Law

March 17, 2011


Abstract:     
The notion of custody in Israeli law is rather peculiar, in that this concept bears no legal definition. This stands in sharp contrast to the concepts of guardianship and visitation rights, each of which are well-defined by law.

On the one hand, both parents are considered the guardians of their children. The concept of guardianship is well defined, and includes the right and authority to make decisions in relation to a child's well-being, including the right and duty to represent the child, to be responsible for his or her education, to manage the child’s assets, and so forth.

On the other hand, visitation rights determine the time allocation as between parents, that is to say, in whose care the child will be at any given time.Yet, in addition to these two notions – guardianship and visitation rights - there exists a third notion of 'custody'.

In my paper, I argue that there is no clear understanding of the meaning of 'custody' in Israeli law.

The custodial parent’s authority does not exceed that of the non-custodial parent, since parental authority is determined according to the laws of guardianship.

Similarly, a custody determination does not indicate which parent spends more time with their child, since this issue is determined according to a parent’s visitation rights. Indeed, in certain instances, a visitation decision may grant the non-custodial parent more time with their child than it grants the custodial parent. The key question examined here is that of the function served by the notion of custody in Israeli law.

Keywords: Family Law, Custody, Israel

working papers series





Not Available For Download

Date posted: March 24, 2011  

Suggested Citation

Mazeh, Yoav D., The Function of 'Custody' in Israeli Family Law (March 17, 2011). Available at SSRN: http://ssrn.com/abstract=1788847

Contact Information

Yoav D. Mazeh (Contact Author)
Ono Academic College Faculty of Law ( email )
104 Zahal St.
Kiryat Ono, 55000
Israel
Feedback to SSRN


Paper statistics
Abstract Views: 180

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.281 seconds