Question:
What must a single mother do to get a baby's father to support the child financially?
Answer:
Establish paternity first (either by getting the biological father's co-operation in being registered as such, or by bringing an action in court to prove it). Once paternity is established, she will be entitled to file for child maintenance for the minor, as his/her natural guardian, if the father will not agree to support the child.
To Get Father Registered or Not At Interior Ministry
Question:
I am a single mother of a very young child who is registered at the Ministry of Interior as having an 'unknown' father. I do actually know who her father is, though he is only suddenly interested in seeing her and wants to be registered as her father. He is a divorced man with children from his marriage, and now lives with another woman. I am a bit sceptical of his sudden change in attitude – does it hold any drawbacks or dangers for me or my daughter ?
Answer:
There are two sides to your daughter’s father being registered as such at the Interior Ministry. On the one hand he will be entitled to bring legal action regarding his rights as a father e.g. re custody or visitation. On the other hand, his registration as the daughter’s father will enable action to be taken against him to make him fulfil his obligations e.g. you will be able to file him for maintenance for your daughter in court.
Incidentally, if you object to him being registered as the father at the Interior Ministry, he will be entitled to file a paternity plea at the family court. If a paternity test proves that he is the girl’s father, he will have the right to be registered as the father at the Interior Ministry anyway.
Biological Dad Entitled To Visitation
Question:
I am an unmarried mother of a young child. His father and I split up when I was pregnant and he has never seen him. He contacted me recently saying he wants to see his son regularly. He was on drugs when we split up and violent. I fear he would have a very negative effect on my son if he were to become a key figure in his life. Does he have a right to see his son – and can I object ?
Answer:
The biological father of a minor child has a right to see his son and develop a relationship with him. If he is denied this in practice by the mother, who is a single parent, he can apply to the family court for visitation rights. She can object if there are serious grounds for objection and the court will rule on the issue after it has received reports and recommendations from professionals. In such cases, sometimes visitation rights are restricted to special communication centres where they can be supervised and monitored to minimise any risk to the minor.
Single Mother – Filing For Maintenance in Israel or Abroad
Question:
I am a single mother of a young child whose father is a foreign resident living overseas. He is officially registered as the father. I want to file him for child maintenance. Should I do so in Israel or abroad ?
Answer:
Hiring a lawyer overseas to start legal proceedings can be very costly and difficult. What is preferable for a single mother of limited financial means is to obtain a judgment awarding child maintenance from a court in Israel. If she can then prove that she does not actually receive the maintenance from the child’s father then she can apply to get it via the National Insurance Institute according to the Maintenance (Guarantee of Payment) Law of 1972 .
Child’s Maintenance Rights – Father Foreigner
Question:
I am a single mother. My child's dad is a foreign resident who lives overseas. He is registered as the father. Can my child get maintenance from his father even though he is a foreigner and lives abroad permanently ?
Answer:
Yes ! A minor child has a right to maintenance from his biological father even if he lives abroad permanently, and is not a citizen or resident of Israel . He can make the plea via his mother who is his natural guardian. When the maintenance plea is made application must also be made and obtained for the plea to be served (delivered) overseas. Once the court gives permission for service overseas, then it gains jurisdiction over the plea in relation to the defendant abroad .
Separated Father – Single Parent Family
Question:
Can a father who is married, but separated , and who takes care of a minor child qualify as a single parent family ?
Answer:
Yes, in certain circumstances. According to the One Parent Families Act of 1992 a man who is resident in Israel and is married but has custody over a minor child can qualify as a single parent family if he has lived apart from his wife for at least two years , providing that he started legal proceedings at least two years ago, too, and does not cohabit with another woman.
New Immigrant Mother and Single Parent Family Status
Question:
Are there any special rules relating to new immigrant mothers seeking the status of a single parent family ?
Answer:
Yes, under the One Parent Families Act of 1992, a new immigrant parent with custody of a child who has been living in Israel between one and two years can qualify if the partner has not immigrated to the country or even live here, providing that there is no cohabitee on the scene.
Mother in Woman’s Shelter – Single Parent Family Status
Question:
Can a mother who lives in a battered woman’s shelter with her children claim single parent family status if she is still married to their father ?
Answer:
Yes, if the mother is resident in Israel and has lived in a shelter for at least 90 days, and within 12 months of her moving there, she started proceedings to end the marriage, actively for at least six months. Where, however, the welfare authorities confirm that her life or that of the children is/are at risk, then she will not be obliged to initiate those proceedings to qualify for single parent status. These criteria are found in the One Parent Families Act of 1992 .
Wife in Divorce Process – Single Parent Family Status
Question:
Can a mother who is in the process of ending her marriage, and who has custody of her minor children, still qualify for single parent family status, even though she is not yet divorced ?
Answer:
Yes, providing that she fulfils certain conditions set out in the One Parent Families’ Act of 1992. For example, a mother with custody can qualify for single parent status providing that she has lived apart from her husband for at least two years, and started legal proceedings to end their marriage at least two years previously, too, or she is an ‘aguna’ in the sense of the National Insurance Act (Consolidated Version) of 1995.
Car Ownership – Effect on State Benefits
Question:
I am a single parent. I lost my job recently and if I don’t find work soon will probably apply for a benefit from the National Insurance to guarantee my income. I own a car. Will this affect my eligibility for this benefit ?
Answer:
Definitely so. One of the conditions for eligibility for this benefit is that the applicant is not the registered owner of a car.
Single Parent Family Benefit & Use Of Car
Question:
Will a single mother be deprived of her benefit because she uses a car ?
Answer:
Not if it is not registered in her name. If she owns the car, however, she will not be entitled to the benefit. If ownership is in a third party’s name but proved to be a fiction then she could lose the benefit, too.
Single Parents - Maintenance and Income Support Benefit
Question:
I get income support benefit from the National Insurance Institute. I am a single mother, with a young child. I am considering filing her father for child maintenance but I am worried that if I succeed , I will end up in getting less money from the state . Am I right ?
Answer:
The answer is not clear cut. If the father is ordered by a court to pay child maintenance and actually does so himself, then this should not affect the state benefit the mother gets. If, however, the court orders him to pay child maintenance but he does not obey the judgment and the state pays it for him, then this is likely to reduce the money the mother receives from the state . If instead of claiming the unpaid maintenance from the state the mother opens a file at the bailiff’s office against the child’s father, and eventually gets payment from him, then her state benefit should not be affected.
Single Parent Mother From Kibbutz
Question:
Is the status of a single parent mother living on a kibbutz the same as that of her counterpart living in the city ?
Answer:
Yes, in the sense that the rights of a single parent mother are bound by law which makes no geographical distinction between someone living on a kibbutz or outside of it.
Minor’s Passport – One Parent Family
Question:
I am a single mother with a minor child. I want to take out a passport for him without involving the father or getting his agreement . Is this possible ?
Answer:
In principle as the child’s biological father is, like you, also his natural guardian then his consent is required for a passport to be taken out for the minor. If he refuses to co-operate then it is possible to go to court to test whether his refusal is reasonable or not. In the event of his refusal being unreasonable, the court can order that the child be issued a passport without his consent.
Moslem Baby's Civil Right To Child Support
Question:
How can a Moslem woman who gets pregnant by a Moslem man outside of marriage get financial support from him for her child ?
Answer:
By filing for paternity and maintenance at the family court. After 'civil paternity' is established , maintenance will be awarded to the minor on the basis of Israeli civil law. It is pointless for an unmarried Moslem mother to go to the Sha'ari or Moslem Religious Court because athough the court has jurisdiction over personal matters where all sides are Moslems , Islamic religious law does not recognize paternity outside of marriage. In other words if the two parties are Moslems, but not married then there is no basis in a Moslem Religious Court for a claim for paternity, which must be established before maintenance can be claimed.
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