Israel Fathers Take Gender Bias Discrimination in Family Courts, Child Welfare to Supreme Court

By Joel Leyden
Israel News Agency

Jerusalem, Israel ---- March 22, 2011 ..... Fathers for Justice and Equal Access in Israel have issued a news release on the nightmare of men in Israel, who are denied visitation rights with their children. But this news release is far different from any which have been written before.

The subject of Israel fathers being automatically denied access to their children based on lies and false statements of an ex wife is now subject to Israel Supreme Court review.

A Petition to the Israeli High Court of Justice in Jerusalem was launched against the Israel Ministry of Welfare and Social Services on March 15, 2011 by a father who has not seen his child in two years, which seeks to enjoin Moshe Kachlon, the Israel Minister of Welfare and Social services from practicing gender bias discriminatory policies designed to disengage fathers from their children.

According to the Petition to Israel's highest court, a minor v. Moshe Kachlon, Israel Minister of Welfare and Social Services (Bagatz 2111/11), the Family Courts in Israel have completely divested themselves from any judicial role in areas of custody and children visitation rights, and instead of conducting trials, they callously appoint a social services employee, as Court-aides to determine whether a father may be granted rights of visitations to the children.

According to Petitioner whose name and location have been changed to abide by gag orders which protect secret family court sessions from the public, the social workers in the local city or town's child welfare department automatically sends non-custodian fathers to supervised contact centers, where the fathers are allowed one hour a week.

"I am a single man in my thirties," said Ron who lives in Haifa. I met this girl who I had sexual relations with under her story that she was sterile and could not conceive any children. A few months later she contacted me and informed me that she was pregnant. I had been targeted. She could have gone to a sperm bank, but chose me instead. I was devastated."

Ron continues: "Even though I did not want nor was ready to have a child, I decided that I would be a good father and as such take up a supporting role for this baby. Instead, I quickly discovered that she was interested in only two things - having her own child and having me pay for it. I as a father who wanted to visit, play, teach and protect this child was not part of the equation."

Ron, who normally works as a food and beverage consultant is now unemployed as a result of this case. He has spend almost every waking hour trying to gain legal access to his child. Ron, who may soon be entering the Israel Defense Forces for reserve service, is presently being supported financially and emotionally by his older brother.

"I have read nightmare stories about women who make millions of dollars in Israel and have used their husbands as sperm banks. Shortly after having children they file for divorce. They selfishly now have both money and a child - the husband and or partner becomes irrelevant," says Ron. "Most fathers in Israel are living just above the poverty line and many cannot afford to pay the full child support. These women with good jobs and some with illegal jobs working in the prostitution industry will then use lack of payment of child support to keep the men away or have them arrested and placed in debtors prison."

"One woman in Ra'anana, Israel went as far as hiring two private detectives to beat up her ex husband and created so much stress that he wound up in hospital with heart problems. Her goal was to kill this father or force him to leave the country. The family courts take no responsibility as they defer the cases to child welfare and and child welfare does nothing stating that only the family court can make decisions. We are placing our trust in the Israel Supreme Court to see through this negligence and stop the suffering of dads who wish to be with their children and can't because they are discriminated upon as men. Women, even if they are mentally ill, drug abusers or even prostitutes are automatically given custody of children in divorce. The father may be a high ranking officer in the IDF, the police or even the Mossad risking their lives for the community on a daily basis but they are denied custody. They can carry an M-16, but they can't carry their own children."

The petition to the Israel Supreme Court alleges that the waiting list in the child welfare social workers caseload may take 6 to 9 months during which no access or visitation rights are allowed to these caring fathers. Once the social worker starts working on the case, “all hell breaks loose”.

The social workers humiliate the fathers, collect tidbits of libel and defamation and places them in writing, instigate the mothers and motivate them to file false domestic violence claims in order to rule out any option of joint custody, and it is alleged that the social workers in general who are female and are biased against men, and are systematically indoctrinated into an anti-male climate of “feminist Jihad proportions” against men.

"In Israel, the lethal weapon of choice are false allegations of child abuse," says Ron. "Just the unproved allegation in itself is enough to keep the father away from his children and restrict him to Mercaz Kesher or state supervised visitation center. These fathers are treated like common criminals. The only way they can regain their basic human rights as a father is to go to a forensic psychologist who can interview them and clear their name. But the cost of this process is in the thousands of dollars and most men cannot afford to pay for this evaluation. We are asking the state to take responsibility for these evaluations as done in many other countries around the world. Family courts and child welfare should not pass judgment on a loving and caring father without being able to document whether he is fit or not!"

The Supreme Court Petition seeks to declare the policy of automatic referrals of fathers to a supervised “contact center” unconstitutional. It is claimed that Israel is a signatory to international treaties whereby the State guarantees protection of the right to family life, but in reality, the right to family life is not interpreted in Israel in the same way it is interpreted by other Western nations.

In Europe, for example, the right to family life is interpreted to include parental rights to access to the children without institutionalized intervention or with minimal intervention by the State. Israel, on the other hand, still does not recognize a parental right to access to the children, and thus fathers are relegated to the task of convincing the social workers that it is the best interest of the child that he sees the father, as a matter of judicial grace, and not as a matter of a natural indelible right.

It is stated in the Supreme Court Petition that it is enough for the custodian mother to refuse visitation rights to trigger the automatic and cold referral to supervised visitations and that in the process; social workers subject fathers to an illegal “Dangerous Propensities Test”, which is so nonscientific and wholly subjective, no man can pass the test without being branded as “dangerous”.

Israel social workers from Tel Aviv, Haifa and Jerusalem to Herzlia, Eilat and Tiberius are instructed to grade fathers between 0 to 36 point, when 10 points yields a level of “dangerous Propensity”.

These highly subjective points, which are not under the supervision of a psychiatrist or physiologist, can simply accumulate depending on the theatrical degree of the complaining woman, and biased level of the social worker, on subjective questions such as: extreme jealousy (2 points), extreme possessiveness (2 points), the attacker experiences severe loss (3 points), the attacker in the absence of alternative to loss (1 pt), obsessive preoccupation with the woman (2 points), woman is determined to make a change (1 points), woman feels she is in danger (3 points), woman unable to defend herself (2 pts.).

“It is sufficient to score high on these eight questions to produce a score of 16 points, and with little drama, theatrical sense and legal coaching, any woman can easily convince the social worker from Holon or Hadera to give high scores on these factors, and the man is immediately branded as “dangerous”, and loses his right to see or access his children. No man in any Western nation is subjected to this kind of degrading and humiliating treatment when seeking to see his children, except in Israel”, says the Petitioner.

In addition, fathers in Israel claim that social workers compel them to undergo psycho-therapeutic sessions, without their consent, as a condition to approving his right to see the child, and then they use the information extracted from the father to paint him negatively in the court, simply because the woman announced that ideologically the child does not need to grow up with a father figure.

"The single mothers can go as far as "buying" other single mothers to come to court and make additional false accusations against the victimized father," says Ron. "The defense would be the intervention of a forensic psychologist to prove these allegation false and the Supreme Court implementing measures to ensure that gender bias discrimination is erased from the family courts and child welfare."

Respected journalist, Laurie Shem Tov, states that social workers in Israel created an autonomous system that denies parents’ real access to Courts and is totally immune from judicial scrutiny.

“They set new rules that contradict the laws of equality and modern disciplines of social work”. The solutions offered are radical and extreme: men are sent to supervised contact centers, and women who do not play by the rules find their children kidnapped to foster care, based solely on "impressions", "feelings", "intuitions" and "future risk probabilities" that have no scientific or legally probative value. “The social services system in Israel is a corrupt and malicious system based on intoxicated power egos and systematic feeding of business to social workers, foster home operators, and “parental suitability” test institutions, while the children are routinely disconnected from loving parents and this is all cloaked under “best interest of the child” slogans.

Fathers 4 Justice Israel says that the struggle of fathers to recognition of their basic human rights to undisrupted visitation rights with their children has also reached the Knesset (Parliament). Member of Knesset Yulia Shamalov-Berkovich has started a forum against feministic Jihad seeking to restore the balance of power and fair play between the sexes. The recent Petition to the Supreme Court has been inspired by the momentum created by Shamalov-Berkovich. The minor and his father are represented by attorney Chaim Arbel of Tel Aviv and assisted by Tamar Tesler of Haifa.

"At the end of the day, it is the child which suffers from lack of contact with a father role model resulting in Parental Alienation Syndrome (PAS)," says Ron. "These children usually end up visiting psychologists for a variety of personality disorders and have trouble adjusting to life as adults. This cruel and systematic terrorism of fathers and their children in Israel must stop."



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