The Tender Year’s Presumption Law
According to the way this law stands in Israel today, in the case of separation, when there is no agreement between the parents about the division of custody time with the children, there is a strong belief that it is in the best interests of a
child under the age of 6 to spend most of his time with his mother.
Tomorrow, the bill to change this law will be voted on in a preliminary reading. The new bill will reduce the age to two years of age, which will harm mothers and especially children. This proposed ‘solution’ is the result of a political compromise, signed by some members of the coalition. In our opinion, children and their welfare should not be part of a political compromise!
Furthermore, lowering the age of holding for two years will cause legal uncertainty regarding the child’s fate from that age. Uncertainty leads to an increase in litigation over child custody, escalation of divorce disputes, and more, which will all ultimately affect the children of divorce.
We, at the Rackman Center, object to the bill and hope that in such crucial matter for families the government will issue its own bill, a bill that will give a more suitable answer to this issue, considering all relevant factors. You can read more (in Hebrew) here. Our Position Paper is here.