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International Family Law

The leading authority on international family law

21 NOV 2012

Israel - Proposals for reform in child law and relocation law in Israel

Rhona Schuz[1]

Introduction

The Israeli Ministry of Justice has recently published a draft of a proposed new statute, designed to reform the law relating to parental responsibility and includes specific provisions on relocation law. The draft, Parents and Children Law is based on recommendations of two committees: the Rotlevy Committee on the Rights of the Child[2] and the Shnit Committee on Aspects of Parental Responsibility on Divorce. It proposes repealing most of the provisions of the Legal Capacity and Guardianship Law 1962 and replacing the concepts on which those provisions are based (guardianship and custody) with the concept of parental responsibility.

The first chapter in the new draft law, headed ‘Rights of a Girl and a Boy'[3] starts by providing that the welfare of every child requires that realisation of his rights will be a first consideration in any action or decision relating to him under this law, including legal and administrative decisions. The welfare of the child will be determined by balancing all of his rights, needs and interests and examining their significance to his way of life.

 


[1]              PhD, Senior Lecturer (Assistant Professor) and Co-Director of the Center for the Rights of the Child and the Family at Sha'arei Mishpat Law School, Israel (formerly lecturer in law at Bar Ilan University and at the London School of Economics). The author has written and lectured extensively on the subject of International Child Abduction. Her book, The Hague Child Abduction Convention: A Critical Analysis, will be published in 2013.

[2]              For details of the work of committee, see R. Schuz ‘Surrogacy and PAS in the Israeli Supreme Court and The Reports of The Committee on Children's Rights' in A. Bainham (ed) The International Survey of Family Law (Jordan Publishing, 2004).

[3]              The draft law throughout uses the feminine and masculine forms, but for convenience this blog will use the gender neutral word child and the masculine form to include the feminine.

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