The presumption of early childhood determines that in the event that there is no agreement between the spouses regarding the custody of the children, then children up to the age of six will remain with their mother, so long as there is no logical impediment and it is not proven that the mother is incapable of treating her children due to illness, It should be noted that this ruling is never automatic and often the court exercised professional discretion in order to rule on the issue of child custody.

In addition, the circumstances of the custody decision on the children have changed, and the court can be reexamined and reexamined, since the judges of the court will always take a positive look at the best interest of the child before taking into consideration the parents' best interests. In any custody hearing in which the court finds it difficult to decide on the preferred custodian for the benefit of the children, it will be assisted by experts' opinions on the subject (psychologists, social workers, welfare officials, etc.), as well as sending the couple to examine parental competence.

It is important to remember that in every case and in any style of custody, both the mother and the father are the child's natural guardians equally and thus both have the right to make important decisions that affect the child's life, including decisions about education and education, health,and more..

Recommendations of the Schnitt Committee for the Abolition of Early Childhood Presence – for or against?

As part of the recommendations of the Schnitt Committee, it was stated that in cases where there is no agreement between the parents regarding custody of the children, children up to the age of six will not automatically be transferred to the mother's custody, and each case will be examined on its merits. In addition, it was recommended to encourage a voluntary mediation process between the parents – an appropriate and appropriate solution that will enable the dialogue and the realization of the child's rights in a pleasant and dignified manner, without exhausting wars in the courts. In 2012, the legislator adopted the recommendations of the Schnitt Committee and its conclusions were passed on to the Legal Adviser to prepare a bill on the subject. And children:

The erosion of the presumption of early childhood (although the formal law has not yet been changed) weakens mothers and leads to economic concessions at the children's expense. Many mothers know that children will be hurt by frequent transitions between their parents' homes, or fear that the father will not be able to meet the task of intensive care of the children. These mothers are willing to give up their share of the communal property or child support to continue caring for the children as they were treated until the divorce or are forced to obey a legal arrangement that will harm them and their children. Many women will succumb to pressures from the partner and agree to far-reaching compromises in order to obtain the father's approval for the custody of the children in the mother's home, including consent to lower child support payments, renunciation of child support, waivers on the property issue, signing of a custody arrangement that does not always meet the children's best interests.

On the other hand, we must not forget that most fathers really want to be significantly involved in their children's lives. Therefore, eliminating the presumption of preschool age will more easily facilitate the possibility of high involvement in the child's life and the dialogue with the mother.

In conclusion, canceling the presumption of early childhood will lead to a change in the perception according to which the mother is the custodian preferred by the court, and some argue that the change may harm women and their economic status – it is the obligation to examine in depth each case on their merits. In addition, implementation of the Committee's recommendation and the cancellation of the early childhood presumption may result in protracted and complicated custody disputes at the expense of the children's lives – since the mother will no longer be the automatic custodian of the young children.

Cancellation of the presumption of early childhood has not yet been implemented by law, despite the conclusions of the Committee and the recommendation of the Minister of Justice: In Israel there was a great outcry from various women's organizations that worked to obstruct the change required for various reasons. If you are facing a divorce proceeding involving the issue of child custody – it is recommended to use the services of a lawyer specializing in divorce and custody law, who will examine each case and each case individually and know legal advice, to direct and manage the custody claim to the best of you, As soon as possible, using a smart strategy, knowledge and tools to negotiate and provide solutions to the difficulties and uncertainties that accompany the process – for the benefit of the client and children in particular and to complete the platform on the way to successful conclusion of the divorce process.

We will be happy to be at your service at any time.