This section deals with limitations that the Chief Bailiff can make on a person's freedom of movement out by imposing an order to prevent a person from leaving Israel.
Order Preventing Debtor Leaving Country
Question:
When can an order preventing someone leaving the country be given through the Bailiff’s Office ?
Answer:
Under the Bailiff’s Act of 1967 the Chief Bailiff can , under certain conditions, issue an order against someone who owes money (including maintenance) obliging him/her to deposit his/her passport and preventing him/her from leaving the country . Alternatively, the Chief Bailiff can condition freedom to leave the country on the debtor providing financial security.The Chief Bailiff is only entitled to issue such orders if a) there are grounds for believing the debtor is about to leave the country and b) his/her departure from the country is likely to endanger legal proceedings or make the execution of a judgment difficult.
Chief Bailiff & Exit Order In Family Law
Question:
Can an exit order be granted against a foreigner?
Answer:
Only in exceptionally rare circumstances will an order be given preventing a foreigner from leaving Israel. It has been held that an exit order can only be made against a foreign citizen when the factors weighing against an impediment to his freedom are truly great.This applies to any exit order, whether it is to be granted by a court or by the Chief Bailiff.
Exit Order Against Israeli Living Abroad
Question:
Can a divorced Israeli living abroad who comes to Israel to see his children find that he cannot leave because an order has been made by the Bailiff's office to stop him leaving the country by the National Insurance Institute for unpaid child maintenance ?
Answer:
Yes, this is possible – if he did not pay child maintenance according to a court judgment, or court-authorised agreement, and his ex-wife obtained it from the National Insurance instead , then steps such as this can be taken by it to recover the sums it paid on his behalf.
It has been held in principle that exit orders should not be made against an Israeli debtor living abroad permanently whose centre of life is abroad. The rationale behind this is where the debtor has no income or property in Israel from which the debt can be paid, preventing him returning abroad will just cut him off from his potential source of income and means of paying back what he owes. An exit order would only put pressure on the debtor but not help in getting the debt paid. If, however, an Israeli living abroad has property in Israel – e.g. savings or real estate – action can be taken against these to recover the debt.
Where, despite all this, the Chief Bailiff does grant an exit order against an Israeli living abroad he can take action against this; if it is made ex-parte (not in his presence) he can apply to cancel it. Alternatively, if he has the financial means to pay back part of the debt or put up some guarantee, the Chief Bailiff may lift the order.
Chief Bailiff Grants Exit Order More Easily Than Court
Question:
How easy is it get an order stopping someone who an Israeli court has already ruled owes another person money, from leaving the country ?
Answer:
Quite easy - exit orders are more readily granted by the Chief Bailiff than by a court . This is because the Chief Bailiff deals with an application for an exit order after a judgment or ruling has already been in the case , whereas a court that is faced with a similar application will have to decide on it before it has finally ruled on the parties’ rights and which of them has won the case .
Having said this, because an exit order is an infringement of an individual’s right to freedom of movement as guaranteed under one of Israel’s basic laws, The Human Dignity & Freedom Act, the Supreme Court of Justice has held that it should only be granted against an Israeli debtor where there is a ‘real and serious fear that his departure will prevent the judgment being carried out.’ Alternatives exit – such as ‘freezing’ orders on a debtor’s property including bank account, car, real estate – and are viewed as less drastic .
Ex-Parte Order Preventing Debtor Leaving Country
Can an order be made preventing a debtor leaving the country without him knowing ?
Answer:
Yes! The Chief Bailiff is entitled to grant an ex-parte order preventing a debtor from leaving the country. Where such an order is granted in the presence of the other party only, the person against whom it has been made is entitled to apply in writing to the Chief Bailiff requesting its cancellation within 7 days of being informed of it. The Chief Bailiff can respond to the plea to cancel it in one of the following ways:
a)he can reject the plea without hearing the parties.
b)he can request the reaction of the parties in writing.
c)he can invite them to plead in front of him.
Finding Out About Exit Order
Question:
How does a debtor find out that an order has been made stopping him leaving the country ?
Answer:
When the Chief Bailiff grants an order preventing a debtor from leaving the country he is obliged by regulations to notify the person against whom the order has been made about it immediately by registered post with authorisation of receipt.
Exit Order - Effective Until When ?
Question:
How long does an order made by the Bailiff's Office preventing a person leaving the country last ?
Answer:
A prevention of exit order issued by the Chief Bailiff will expire differently according to the reason for which it was granted. For example, if it was granted because of non-payment of maintenance there is no time limit on it and as a rule it will be effective until the debt is paid. In other cases, it will be effective for up to a year from the date it was made – or for a shorter period if stated so on the actual order. The Chief Bailiff is able to extend the length of the order by granting a new one.
Fighting An Exit Order From the Chief Bailiff
Question:
How can a husband fight an order made against him at the Chief Bailiff’s Office that stops him leaving the country because he has not paid maintenance ?
Answer:
Action taken to fight an exit order made by the Chief Bailiff depends on whether the order was made within the presence of both sides, or whether it was ex-parte (with the debtor being absent). If the order is ex-parte, then the debtor has 7 days to apply in writing for its cancellation, starting from when he was notified of it. If the order was made in his presence then the debtor will have to ask for permission from the District Court to appeal against it.
Husband Wins Appeal - Cancellation of Exit Order
Question:
Does a husband against whom an order was made preventing him leaving the country have to take positive action to cancel it, if he wins the appeal against a decision on the basis of an which it was granted – an alleged debt - in the first place ?
Answer:
When a judgment is made holding that a husband owes money and then that judgment is overturned on appeal, the legal basis for an exit order that was made to guarantee payment of the debt no longer exists. The person against whom it was made should, however, inform the police about the cessation of the order. Apart from this, when an exit order is cancelled, the Bailiff’s Office is legally obliged to a notice to this effect within 24 hours of its cancellation, and to send a notice of its cancellation to both parties.
Consequences of Debtor’s Refusal To Deposit Passport
Question:
What will happens if a person ignores an order he has received from the Bailiff's telling him to deposit his passport because of a maintenance debt ?
Answer:
If a debtor refused to deposit his passport in defiance of an order made by the Chief Bailiff, then the latter can order him to be imprisoned for up to seven days until he deposits it.
tel: 03-5234133, 077-3500000
fax: 03-5232251