Court Rejects Mother's Plea to Bar Father from Seeing Daughters

A family court in Tel Aviv has dismissed a divorced mother's request to prevent her ex-husband from seeing their two minor daughters, citing a lack of evidence for her claims of alleged abuse. The judge, Segalit Ofek, ruled that investigations into the children did not substantiate the mother's fears and ordered the immediate resumption of the father's visitation rights.

The couple, who are Hasidic Jews and married in 2014, separated after about a decade. The mother first approached the court in September of last year, seeking to remove the father from the children's lives. She alleged that he behaved inappropriately at home, exposing the children to content on his computer and suggesting this could lead to sexual abuse. The children were conceived via sperm donation and IVF due to the father's infertility.

In July, the mother filed a new request, adding further allegations. She claimed the younger daughter complained of pain in the diaper area after visiting her father, and the older daughter attempted to escape his home and complained about his attire. The mother also stated that during their marriage, the father wore revealing clothing at home, exposing himself to her and the daughters. She presented a drawing by the older daughter, which she claimed a psychologist friend found concerning and advised her to report to the police.

The father vehemently denied any abuse, asserting the allegations were a severe attempt at parental alienation. He argued that the mother was actively trying to alienate the children from him and that restricting his contact would harm their well-being. Judge Ofek noted that the mother's request was based on hearsay attributed to the children, not personal knowledge. Crucially, a child investigator found no basis for the sexual abuse allegations, and the case was closed without the father being summoned for questioning.

The court also highlighted the mother's delay in reporting her concerns, noting she waited three weeks after learning of her daughters' alleged distress before filing her request, during which time visitation continued. Given the lack of corroboration from the child investigation and the closure of the case, the judge determined the mother had not met her burden of proof. A report filed in early September recommended maintaining visitation, stating that continuing the separation would cause definite harm to the children, who were already experiencing significant emotional conflict. The judge concluded that the children's best interests necessitated the immediate restoration of the father's visitation schedule. Despite dismissing the request, the judge, "not without hesitation," did not order the mother to pay court costs, assuming her actions stemmed from genuine concern.