Parental Rights When Relocating Abroad After Divorce
When divorce proceedings conclude, one of the parties — typically the custodial parent (now referred to under Israeli law as the parent with primary parental responsibility) — may wish to relocate abroad to pursue a new relationship, career opportunity, or fresh start. When children are involved, a critical legal question arises: does the relocating parent have the right to move abroad with the children? Ideally, both parents reach a mutual agreement. However, when no agreement can be reached, the matter becomes a complex legal dispute. Below is an overview of the key legal principles governing parental relocation abroad after divorce in Israel.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Under Section 15 of the Legal Capacity and Guardianship Law, 5722-1962, parental responsibility includes the authority to determine a minor’s place of residence. When parents cannot agree on where the child will live, the court intervenes pursuant to Section 25 of the law, making its decision based on the guiding principle of “the best interests of the child.” The question then becomes: how does the court determine what serves the child’s best interests? Israeli case law has established a series of criteria and parameters to guide this analysis, with the child’s welfare serving as the paramount consideration.
Following a parental separation, the court must establish a custody arrangement that provides the children with a stable environment under the care of the more suitable parent, while preserving meaningful contact with the other parent. Expert opinions play a central role in these proceedings, both because professionals can evaluate the relevant factors with clinical objectivity and because they serve as neutral parties in contrast to the opposing parents. As articulated in the ruling in Pelonit v. Almoni (Judge Dorner, paragraph 11): the best interests of a child are not abstract concepts — the court must make findings of fact, and such findings generally require the presentation of evidence, primarily in the form of expert statements and opinions.
In a landmark Supreme Court decision before Justices Mazza, Dorner, and Heshin, the Court held that in child custody matters, the best interests of the child constitute the binding legal standard that guides judicial decision-making. Under Israeli law, a child’s best interests are determined primarily through expert opinions. In the case at hand, the mother — who had custody of the child — decided to relocate to London with her son approximately five months after the divorce. The father objected and petitioned the family court, which ruled in the mother’s favor based on a psychology expert’s opinion that the move would best serve the child’s interests. The father appealed to the district court, which reversed the decision. The mother then filed a further appeal, and the Supreme Court ultimately heard the case and established binding legal precedent.
Several significant legal principles regarding divorce and international relocation were established in this case. First, a custodial parent’s request to relocate abroad must be evaluated solely under the standard of the child’s best interests. Expert opinions carry the greatest evidentiary weight in these proceedings, outweighing the arguments of either parent. Second, the court determined that the necessity of the relocation is not a decisive factor in the court’s analysis.
Relocation Application — Key Factors:
When ruling on a custodial parent’s application to relocate abroad with a shared child, the court considers several key parameters on a case-by-case basis, including the following factors:
The child’s own opinion and wishes; the quality of the child’s relationship with each parent and how relocation may affect those bonds; in the event the application is approved, the non-relocating parent’s objective and subjective ability to maintain a meaningful relationship with the child; the relocating parent’s willingness to facilitate and support the child’s ongoing relationship with the other parent; and, as a central consideration, the likelihood that the child will successfully adapt and thrive in the destination country, and the extent to which the move will contribute to the child’s overall development.
In another significant decision regarding divorce and international relocation (Case No. 27/06, Doe v. Doe), the court held that in addition to the standard set of considerations, the custodial parent’s right to establish a new family unit and build a new life must also be taken into account — while maintaining a careful balance with the non-custodial parent’s right to full and continuous contact with the child. The court ruled that the first step is to assess whether the minor is capable of relocating abroad, and only then should the nature of the relationship with the other parent be examined. Once again, the child’s welfare remains the central focus.
In a related case (AMS 9963-06-11, Pelonit v. Almoni), the court gave weight to the fact that the custodial parent’s satisfaction with their lifestyle and place of residence directly impacts the child’s well-being. This factor may support the approval of a custodial parent’s application to relocate abroad.
Parental relocation abroad following a divorce is a complex legal matter that demands careful handling. Whether you are seeking to relocate abroad with your child or opposing such a move by your former spouse, experienced legal counsel is essential. Mor & Co. Law Firm has extensive experience in family law, with a practice focused on complex divorce and custody cases. Our attorneys represent clients in court on a daily basis, providing strategic legal guidance in relocation proceedings — including cases where a parent seeks to emigrate with joint children and cases involving changes to a minor’s residence. Our commitment is to leverage our expertise on your behalf while safeguarding your rights throughout the legal process. For a no-obligation legal consultation regarding parental relocation abroad after divorce, contact us by phone at 02-595-3322 or by WhatsApp at 050-441-1343.
Member states shall use their best efforts to ensure that both parents share responsibility for the upbringing and development of the child. Parents, or legal guardians as the case may be, bear primary responsibility for the upbringing and development of their children. The child’s best interests shall be their fundamental concern.