Counter-Tactics in Relocation: Jurisdiction: I filed a relocation plea at the family court concerning my child. In response, my ex-husband, who has a vindictive nature, filed a custody plea at the rabbinical court which granted our divorce. He had initiated divorce proceedings and tied in custody there, though we agreed on divorce before the custody was dealt with. My 'ex' claims that the rabbinical court has continuing jurisdiction over custody. He vehemently objects to the idea of relocation, and even claims the rabbinical court has jurisdiction over this. What can I do?
Presuming you were the plaintiff in the relocation file, the best strategy would be to file an additional, independent plea in the child's name at the family court, as your child is an independent legal personality, with his/her own rights, and ask for the two pleas to be joined. As your child is a minor the plea would be filed via you, as his/her legal guardian. A relocation plea filed at the family court would circumvent the problem of jurisdiction as binding precedent states that a child is not bound to agreements between his/her parents concerning him/her, and this principle extends to the issue of jurisdiction. The family court has primary jurisdiction for relocation pleas. The family court would have to make an initial decision on whether it has jurisdiction over your child's relocation, given your husband's claim that it lacks jurisdiction. You will, of course, also have to file a defence at the rabbinical court in the custody proceedings brought against you there disputing its continuing jurisdiction ,but without further details nothing significant can be said on this.
Relocation From Israel