Is there an obligation upon a mother who has custody to make sure that her child visits her father in Canada, where he lives? How can the mother be sure that the father will honour his promises and return the child to Israel at the end of the planned visit?
If the judgment awarding the mother custody does not deal with the issue of the father's access, then the mother is not under a legal obligation to make sure that visitation takes place. The right to actualize visitation lies in the father's hands, not the mother's. However, as Israeli law regards it being in the child's welfare to meet her father even if he lives abroad, it is preferably to try and reach agreement with the father regarding access in Canada, as well as in Israel. Ideally this can be done via negotiation without the father having to file for access (visitation) in the Israeli family court. However, should no agreement be reached, he will have no option other than to file for access. The door will still be open to reaching agreement, even after proceedings have commenced, and, failing this, the court will decide on the matter.
Regarding guaranteeing the child's return, the court has discretion on the matter. The custodial parent has no automatic right to financial guarantees.
Regarding guaranteeing the child's return, the court has discretion on the matter. The custodial parent has no automatic right to financial guarantees.
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