Family Lawyers
Legal guardianship appointment
Children's Rights
As long as the child is a minor, his or her parents are the natural guardians, as specified by the Legal Qualifications and Guardianship Law of 1962.
Occasionally, however, the court may decide, by virtue of its authority, to appoint a legal guardian for the children, and this decision may have a wide range of consequences.
What is the purpose of appointing a legal guardian?
A legal guardian is appointed for the purpose of protecting the minor’s interests in court. Normally, parents are the guardians of their children, however, the court may need to appoint another guardian in several circumstances:
- When a guardian, as prescribed by law, is incapable of fulfilling his or her duties, i.e. protecting the children’s best interests.
- When they are not interested in raising them and act while neglecting or harming their children.
- There are situations where the parents or guardians are absent, such as in situations such as orphanhood, as well as situations in which the parents or guardians have become incompetent or have been convicted of crimes relating to violence and sexual offenses within the family.
- As happened in family case 50/97A in 1997 in Tel Aviv Family Court when two or both parents are of the same sex, the court may appoint one of the parents as guardian.
- There are times when children may be harmed by divorce proceedings that are taking place at a high intensity.
In the list, there are several examples that illustrate the purpose of appointing a legal guardian, which is to ensure the welfare of minors. In this regard, it is not surprising that during the process of appointing a guardian for a minor, the best interests of the minor will be examined by women and professionals, including social workers.
An example of this is the court’s ruling in a family case 12-18-1540 stating that experts are given considerable weight in the process.
What is the role of the guardian in the case of a minor ?
Generally, a child’s guardian is responsible for his or her well-being. Guardians can be members of the family of varying degrees of kinship, and in most cases, the court gives priority to family members. However, it may occasionally be necessary to appoint a professional – external guardian. Even corporations may be appointed as guardians, and apparently ten corporations have been recognized in the past in Israel for this purpose.
Whatever the case may be, a guardian must routinely fulfill the parental responsibilities and ensure that the minor’s basic physical needs, such as food and bed, are met. It is also the guardian’s responsibility to arrange for the minor’s departure to educational settings as required by the Compulsory Education Law, as well as to make decisions regarding the minor’s medical care.
But when dealing with a legal guardian, , The role has been sharpened to focus on presenting the best interests of the minor in the matter at hand. As an example, in high-intensity divorce cases, the guardian may be sued after consulting the minor about the arrangements for the stay and how they should be divided. In addition, if the minor has inherited assets, the guardian must advocate objectively in favor of the minor’s interests. Furthermore, if a child is to undergo a medical procedure, the guardian must make an informed decision about whether to approve the treatment, that is, make a considered decision without being influenced by certain pressures or influences that are not in the best interests of the child,
A Supreme Court decision in case RA 5587/97, for example, held that even though the parents of a minor are his guardians, their status also includes responsibility expressed in their duties and rights in caring for the minor’s needs, including his medical needs.
They were denied guardianship in order to ensure the welfare of the child and to ensure that they would treat him as devoted parents would. As can be seen in this ruling, this is not an easy move for the court, and requiring parents to provide care for their children is not a self-evident move.
What is the legal basis for this?
An appointment of a legal guardian is governed by Section 68 of the Law on Legal Training and Guardianships of 1968, under which the court can, as part of a procedural procedure involving the ombudsman, take temporary or permanent measures to preserve a minor’s affairs, whether legal or confidential, by appointing a temporary guardian or by appointing a legal guardian in lieu of a temporary guardian.
Law on Legal Training and Guardianship, 5772 1962
The general authority for safeguards
68. (a) The court may take temporary or permanent measures at any time at the request of the Attorney General or his attorney or at the request of an interested party, or even on his own initiative, as necessary, to safeguard the affairs of a minor and the person appointed as a guardian for him, if by appointing a guardian temporary or legal guardian, or if in another manner; and the court may do the same if the minor or the person appointed as his guardian approached him directly.
The law even permits the minor himself to initiate proceedings, as can be seen in section 3 (d) of the Family Court Law, 5555-1995, which allows a relief officer with the approval of the ombudsman to file a lawsuit in a family matter concerning the minor, and such a minor alone may file a lawsuit if he is injured during her absence.
In Conclusion
It is an important procedure that can be carried out both by the minor himself and by his family members or other individuals around him. Appointments are required when the welfare of the minor is not considered by his superiors according to law, so it is recommended that the procedure be carried out by experienced professionals.
It is important to acknowledge that the “world of guardianship” is very broad, and that each situation is unique, and that each individual represents their own universe. It is important to always consider the welfare of the person for whom the guardian is being appointed, and to be aware that there are other legal tools available to one under Israeli law whose “vulnerability” is lower. If you have any doubts about matters related to guardianship, we invite you to consult us.
Our office has extensive experience in handling family and guardianship cases.
In guardianship cases, which are legally complex, the best interests of the person for whom a guardian is appointed are always paramount.
We will be happy to answer your questions about family law – guardianship by telephone at 02-595-3322 or by WhatsApp at 050-811-6181.
