Israeli Judge Elia Nuss becomes the persecutor
In the wake of a flurry of suicides by divorcing men, I have been following closely the story of Ariel Formanovski and his search for his 3 year old son. His case is typical in Israel but what is NOT typical is his fightback. His ongoing refusal to surrender to the court and ultra feminist judge Elia Nuss means he is being treated with incredible bias.
His case is ongoing and will be presented to the UN as proof of the lack of correct procedures in Israeli courts, violating human rights. Hearings, protocols and decisions have no bearing on each other. The systematic abuse is behind closed doors leaving victims no recourse to justice.
Ariel’s ex parter Odelia Evgy, submitted over 26 files and 9 cases in 2.5 years in false claims, deciding to move from Petach Tikvah with her son without notice on 1st July 2016. Moving to a settlement named Nili, she convinced her temporary landlords that Ariel was a disinterested father and despite all her efforts he had shown no commitment to raising their son. The truth was there is a 50/50 joint custody order, and the father was spending 3-4 days a week looking after Avraham.
On 20th July, she lost her appeal to move away (which she already had done without informing the courts), and the 50/50 custody in Petach Tikvah was upheld. This decision was made by Judge Elia Nuss.
Meanwhile, Ariel who was desperate to locate his son was eventually told she ‘may’ be in Nili. This was the day, when accompanied by myself and an international film maker, we were all arrested for trespassing on a public street. He was thrown in jail - not for the spoof trespassing arrest, but for insulting a public official. Our videos of the event were posted publicly, showing nothing illegal or violent had occurred during that afternoon.
Since July, Ariel has been trying to prove his innocence. He has been branded a violent criminal. All the evidence which proves it has been denied admission to the court. Mrs. Meylet Gordo (the landlady in Nili), realised there had been a huge miscarriage of justice, subsequently writing a letter to support Ariel. Her letter has not been allowed in evidence either. Perhaps because originally she was backing the mother. Ms. Gordo has a brother facing the same abuse by his ex, and she realised quickly the same was happening to Ariel.
Over time, two appeals in the District court were successful – one giving him the right to sue financially for all the claims, and the second was the right to a fair hearing against the restraining order placed on him, which was given on false information AND also granted by incorrect legal procedures.
However, still unable to be permitted to submit proof and witnesses, it appears the ‘battle’ between Ariel and Judge Elia Nuss has escalated. Judge Nuss has a reluctance to do anything other than correspondence, and refuses a hearing. Ariel continues to press for a hearing.
It is incomprehensible to assimilate how a judge can decide to persecute an innocent man who has evidence, yet she can deliberately pervert the course of justice. The events are typical for most men. Defence in Israel is almost impossible, and to repeat - a Supreme Court Judge said in the recent case of whistleblower Rafi Rotem – 'The truth is NOT a defense'. So if not, what hope is there for justice?
Here, it states - ''no one said the defendant was violent"
In the same hearing on 30th October, Ms. Yael Oz the claimant's lawyer publicly threatened to kill him. This was in the case regarding his alleged violence in which she admits none had occurred whatsoever.
A request was sent to add the missing lines of her threat to the protocol. The response was to penalise Ariel for 1000 NIS ($250) - the first of two fines in one day
The second fine was due to a glitch in the online submission system of the court. After instructing him to refresh the request, it appears the document arrived twice. We've all had those events when emails have gone twice, as it is not certain that it was sent. But no such luck for Ariel. He received another fine for his finger pressing the refresh key.
Following another attempt to make his life utterly miserable, and brand him as a nuisance, Ms. Evgy decided that a protest of 100 men led by lawyer Yaron Meydan on 1st November outside the Supreme court was all about her. I accompanied a man into the Supreme Court (not a father) as he wanted to file a document. I went along to see the architecture and use the restroom. Ms. Egvy saw me, and had me removed forcibly from a public building, claiming I and the men had come to get her. Submitting a letter, she gained an ex parte (one sided) decision to obtain an injunction on Ariel, and also on myself to stop writing about his case, and for him to be banned from 3 locations in Jerusalem on the grounds of - invasion of privacy.
Having gone from physical violence, then downgraded it to mental, even spiritual, she tried invasion of privacy based on events planned a month before, and Ariel was not even there - as he was filing responses in the District court. The Judge requested a response from Ariel as to whether the jurisdiction for the decision was correct. He answered saying it was laughable. Another fine of 1000 NIS came in the judge's response.
The injunction expired within 7 days, due to no complaint being finalised, and Elia Nuss had no option but to accept this. She denied Ariel expenses for the illegal injunction as he was not being polite.
Imagine if your son was snatched away from you; then you were accused and charged with something you hadn't done. Then you were not permitted to prove this - no witnesses, no evidence, and still no son. Avraham is hardly mentioned in court correspondence. His habeas corpus has been refused. The system doesn't allow Ariel to appeal yet, due to the fact he cannot get another hearing. The cost of legal fees at this juncture would have been over a quarter of a million shekels. He has the help of ccf israel - the civil society.
He has a contract of shared custody. All he wants is the son he misses terribly. He does not want to be dragged into court battles. This is happening daily to fathers, and also good women who are similarly facing corrupt procedures of the social workers, police and courts.
Only last week, a professor, with 4 children, finally succumbed and took his own life.
All of this is preventable, and it seems there is no reason on earth for a person not to be given the opportunity to provide proof to defend himself.
Already Ariel's health is beginning to suffer. He is getting chest pains; finding it difficult to sleep and the days merge. Many men die of heart attacks at a young age in Israel - not added to the numbers of deaths from divorce stresss.
Finding a woman guilty of lying is almost impossible due to the protection by the feminist courts, and what is impossible is to convict her. She enjoys the protection of the machinery which in turn is said to kill hundreds of fathers, and children. Lawyers are swimming uphill to fight for human rights. In the past decade over 2500 men are dead from suicide. Countless children without their father.
It is unsurprising why they and a growing number are calling it a modern holocaust. Children of holocaust survivors living back home have their own parents shaking their heads in horror at the destruction of their children. The enemy is within they say. They are living it, and most are too afraid to challenge the almighty system.