Family court enforces visitation despite child’s trauma from father’s wife

Controversial ruling: Girl resisted visitation with her father after suffering severe violence from his current wife. The court dismissed her objections

Attorney Adi Abutbul | Psak Din|
A family court in Jerusalem recently ruled that a young girl must resume visitation with her father, despite a serious incident of violence she endured at the hands of his current wife. Judge Felix Gorodetsky justified the controversial decision, in part, by raising concerns that the girl had been influenced by her mother.
About five years ago, the court granted joint custody to the divorced parents. According to the father, the violent incident involving his daughter occurred more than three years ago and was linked to his wife’s postpartum depression. Since then, he claims he has seen his daughter only twice and that the mother has refused to allow even phone contact.
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The father argued that his former partner is actively sabotaging the visitation arrangement and turning their daughter against him. He petitioned the court to enforce the visitation schedule, including penalties for noncompliance.
The mother described a harrowing episode in which the father's current wife allegedly dragged the girl by her hair in public and slammed her onto the pavement. Since then, she said, the girl refuses to visit her father’s home and suffers from recurring nightmares in which she dreams that he and his wife are murdering her.
The mother maintained that the girl should not be forced to visit due to the danger posed by the couple as well as her daughter's consistent refusal. She agreed only to supervised weekly meetings at a visitation center.
However, Judge Gorodetsky accepted a welfare report recommending that it would be in the child’s best interest to reestablish regular contact with her father. Under the ruling, visitation will resume gradually, initially twice a week, later increasing to the court-ordered schedule. The report also stipulates that the father must be present during the entire visit to ensure the girl’s safety.
"Without minimizing the seriousness of the alleged actions by the father’s wife or excusing such behavior," the judge wrote, "this was a one-time incident that occurred more than three years ago."
The court noted that since the incident, both the father and his wife had undergone extended therapy, during which the wife expressed remorse and accepted responsibility. It was also found that she is now receiving both medical and emotional treatment and is “more stable and calm” than before.
The judge emphasized that the assault took place when the father was not present and that under the new arrangement, he must remain with his daughter throughout her visits to prevent any further incidents. The ruling also dismissed the girl’s refusal to visit her father, citing professional assessments that the mother had influenced her.
According to the ruling, "when a child’s wishes are the result of parental manipulation and do not reflect their true and independent desires, they should not be given decisive weight."
The court ordered that visitation proceed as outlined in the welfare report and that the mother pay 11,000 shekels (approximately $2,800) in legal costs.
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