When the two parents of a minor, who do not live together and / or are divorced, are unable to arrange between them the manner in which the child will be educated and raised, then a legal decision will be necessary. That is, it will be necessary to arrange the meetings of the children shared with the two. As stated, this decision can be through a legal decision or through consent. As with any agreement, the above agreement can also be violated, but in the case of a custody agreement, its violation may be accompanied (and almost always will be accompanied by) legal sanctions. And we will devote a few words on the sanctions for breach of sight arrangements.

For the avoidance of doubt, we note that the article below is a general article only and is not a substitute for legal advice.

What are the witness arrangements:

Evidence arrangements are legal agreements, in which the meetings between the parent who is not defined as a custodian and his children are arranged. We will explain:

First, it is necessary to explain what custody is: Child custody will be held during a separation, in the homes of two parents of joint children – in most cases, in light of a divorce between parents. Then, consent will be obtained between the parents or it will be discussed in court, which of the parents will be defined as a “custodial parent”, that is – a parent whose children will be at home permanently. This parent will be in charge of the children on a day-to-day basis. The other parent, will be able to enjoy sight arrangements.

Second, it is necessary to explain what a sight arrangement is: Ideally, the sight arrangements between the two parents will be determined, which will specify the number of sessions, the frequency and sometimes also the location of the sessions between the non-custodial parent and his children. If the parents do not reach an agreement (usually due to an argument over the children, at the time of divorce), the Family Court or the Rabbinical Court will settle understandable agreements. “Standard” vision arrangements in Israel, consist of two weekly meetings in the afternoon and a weekend stay, once every two weeks, alternately. Agreements that allow accommodation in those days, will be considered as “extended sight arrangements”.

By the way, today, there is a possibility of “joint custody”. This custody divides the children’s time between the two parents, including living arrangements with the two. In other words – children, whose parents have joint custody, actually have two different houses and a room in each of the parents’ houses and the time spent between the houses is divided equally.

In which cases will a violation of sight arrangements be considered:

The evidentiary arrangements are legally valid and therefore, the law set forth within the agreement, must be complied with by each of the parties to the agreement. Violation is the non-existence of what is written in the agreement (when the reasons for this are many and varied) by each of the parties.

The parent to whom the evidentiary arrangements apply, may violate the arrangements, in the event of non-compliance or non-observance of what is stated in the agreement. Sometimes this will result from not accepting what is said in the agreement and sometimes from removing responsibility from the parent’s children and sometimes due to indifference and irresponsibility. The custodial parent can also violate the agreement, by trying to disrupt the meetings, when the children are in his possession. Another way is to influence the children to shy away from the meetings with the non-custodial parent, in order to disrupt the meetings.

Sanctions for breach of sight arrangements:

Each of the factors affecting the sight arrangements will be subject to different sanctions at the time of the violation, if any. In the case of a certain and consistent breach of the agreements, the relevant court will intervene in the case and as a result, it will be able to impose sanctions on the violator. Let us present a review on the subject:

If the custodial parent violates the evidentiary arrangements – whether by prevention or by inciting the children, after examining the circumstances, the court in question can order sanctions that require execution, such as – order the reduction of the evidentiary arrangements and in exceptional cases order custody transfer when seen , Based on the circumstances of the case, that this parent is not acting “for the benefit of the child.” Moreover, a parent who frequently violates evidentiary arrangements may be fined by the court for failing to perform the sessions, as “compensation” for the times the children were supposed to be in his custody and the financial burden was placed on the other parent.

Summary:

Child custody matters are very sensitive, since they concern something most precious to us. Therefore, unresolved custody battles can be very complex. The complexity does not end only at the stage of the custody ruling, but also later, when the court has to intervene again in what is happening between the parents.

To conclude – we will mention that the violation of evidentiary arrangements is accompanied by significant consequences, which affect both financially, practically and emotionally, in the long run. Therefore, when it comes to personal law and in particular dealing with children, it is important to consult a family lawyer.

For more information: Adv. Yaakov Balas