Have you received a job offer outside Israel and would like to emigrate with the entire family but your spouse/partner disagrees? The following article offers you a solution to the problem.
An Israeli high-tech worker received an offer to emigrate to the United States with his family four years. The salary offered to him is three times higher than his salary in Israel and the company has committed itself to carrying all of the employee’s and his/her family’s housing expenses abroad. The spouse vehemently opposes and claims that he/she “has nothing over there.”
The husband accepts the offer of employment and informs his wife that he is taking the children with him, as there he could give them an excellent education and provide them with more advantageous economic conditions that in the Israel. The woman adamantly refuses and turns to a lawyer. The attorney files a claim for custody of the children on the spouse’s behalf as well as seeks an order to prevent the children from leaving the country.
Emigration Claim – Legal Emigration of Children
The law allows file for the filing of an immigration/emigration claim with the Family Court located closest to the couple’s last place of residence.
The claim must prove that it is in the best interests of the minor for whom the parent is seeking leave to emigrate to live in a foreign jurisdiction. The best interests of the minor include socio-economic conditions that they will enjoy in the foreign jurisdiction, medical treatment, educational institutions etc.
After filing the claim, the respondent will be required to submit his/her defense and rebut what is claimed therein.
The court will usually appoint an expert, a psychologist, to determine what is in the child’s best interests under the circumstances and the parental capacity of the petitioner. The expert is appointed by the court.
In cases where the court decides that the children’s emigration abroad is to their benefit, the court will determine special visitation rights for the parent remaining in Israel.
The accepted practice is to determine that the emigrating parent will come to Israel on holidays and other times which are set and agreed upon in advance, as well as determining specific days and times for conversations between children and parents remaining in Israel via Skype and similar platforms.
The time required to adjudicate such claims varies according to the particular circumstances of each case.
Contact us for additional information.