Israeli Father files Habeas Corpus Claim against Women's Shelter
In a funny turn of events on thursday 1st, 2016 in the Petach Tikvah family court, Ariel Formanovski , the father who hasn't seen his child for 60 days came to court with an emergency habeas corpus application asking judge to direct the shelter to disgorge the child from Isha le Isha in Jerusalem. The application claimed that the women's shelters have become hiding places for children whose mothers alienate them from fathers on purpose, with no violent background whatsoever.
The father claimed the shelters have become terra incognita - in other words, an territory of it's own, outside of the State, not complying with the laws of Israel, and not having any diplomatic relations with Israel. He therefore asked the judge to treat the shelter the same as countries with which Israel does not have multilateral agreements with the Hague Convention against child abduction. The rule is that when a child is missing and taken to a country not signatory to the Hague, the left-behind parent files a habeus corpus. Earlier this week, the Father went to deliver a judicial decree from another judge of the famiy court, Eliya Nuss which ordered the women to respond within 24 hours as to why she is not giving access to the child for the 50% of the week as per the judgment which took 2 years to reach. The father who went to the shelter to deliver the court papers found himself the next morning investigated at the police, Moriah precinct, for molesting the woman, after she made an ex parte application to another judge in Jerusalem Nili Mimon on the pretense that the appearace at the shelter was for pure harrassment purposes. So many judges involved in one week, with one child who has been hidden from his father for the entire duration of the summer vacation, and nobody seems to be able to make an order that will compel the operators of the shelter facility to comply with the laws and judgments of the State of Israel. This week's chain of events actually reinforces the father's claim that indeed the shelters have become a State of their own, with own laws and rules and regulations and nobody, no one - not even a judge, can direct them on how to behave. Today, Judge Aylet Golan Tavori was the judge on duty and received the application in hand at 9am and 8 hours later issued a one line decision stating, 'this court does not understand the procedural context of a habeas/kidnapping case, since the child is located in Israel. However, the respondent mother must answer within 3 days'. Once again the father finds himself in the same loop. The woman has no lawyers other than in the shelter to serve the papers, the police in Jerusalem want to interrogate him for the previous service of papers, on grounds of molestation and harrassment (despite Jerusalem police assisting the service on video) and now because of the Judge Mimon in a 2.5 minute hearing, making a transcript of 3 sentences resulted in a protection order of 100m from shelter, the father has no way to serve the woman in the shelter!
What is a father to do, when he finds himself in a vicious circle when according to his claim, the shelter does not even have an embassy in the State of Israel. The question remains to be seen - when will diplomatic relaations between shelters from Wizo, Naama, Isha le Isha etc and the State of Israel ever be established.
Meanwhile shelters milk the State for 14,000 NIS for each woman self stored at the centres. At this rate it is no wonder that when women in Israel say they are battered, nobody really believes them all, and even when they show pictures of bruised faces, 99% of population may think it's make-up. Jewish men are the least likely to beat women. The story of Mr. Formanovski's journey to find is son has been ongoing for 62 days. He enjoyed 50% custody all his son's life, but since the mother moved without notice, he has endured prison, 2 restraining orders and the grief of life without his child. He has fortunately had the benefit of an international film maker; local tv cameraman and myself filming all his movements giving 100% proof of his reasonable and non violent behaviour. Many men in Israel will identify with the experiences of this father. Thousands endure the same humiliations. This particular story is being published around the world and people watching closely to see how things will end. All videos of events can be seen of how the father was wrongfully imprisoned.
Here is the request and judgment made today in the court:
The gender discrimination in Israeli Family Law is serious. Children are being alienated from fathers at an alarming rate, as radical feminist legislation leaves men criminalised from the outset of a separation. The Civil Society CCF Israel (coalition for Children & Families) does all it can to help parents in distress including representing them in the UN in Geneva.