The man’s rights in the family come into play in family matters. We find ourselves, encountering difficult cases. Cases of parental alienation and even violence on its various issue (physical, mental, verbal, financial). In the not-so-distant past, the legal system as well as the prevailing social perception saw women as weaker than men. The tendency was to see women as “small” and hence a desire to balance the forces and protect them.
There are cases where this desire is true, justified and required, however there are cases where these are prejudices that are not relevant at all to the specific case. In those cases we encounter women who take advantage of this perception and feel comfortable filing false complaints and allegations, which distort reality, which infringe on the basic rights of the man.
As a rule, these are cases that should be severely castrated no matter which party initiates them. In the past, if a man turned to the police with a complaint of violence from his partner, they would express cynicism and disbelief towards him. Today, one realizes that there are indeed such situations, and they are painful on all levels.
In recent years, the perception in Israel has changed and developed and is more balanced and equal for both sexes in this aspect. This new perception led to the recognition and preservation of the rights of the father within the family.
Representing men in divorce proceedings is still more challenging than representing women, as there are many “remnants” of previous beliefs that need to be cleansed. In such difficult and challenging cases we are focused on publishing justice and pure truth and vigorously defending men’s rights in the family, for the sake of the parties ’joint children.
Legal representation in a divorce process, as we know it today, requires building a legal strategy plan for a unique case rather than acting on pre-determined patterns. Recently, a new and revolutionary approach has been identified in the field of legal treatment: personalized legal approach. This is a different method from everything we have known so far and its purpose is to examine the case in great detail and adapt a unique personal legal strategy according to the unique needs, the type of legal battle and more.
Diagnosis of male rights in the family
The diagnostic phase is a particularly critical phase as it serves as a basis for the next two phases. At this point the lawyer sits down with the client to listen and gather all the details of the case. The key at this point, according to the new approach, is listening. True listening means that the lawyer is entirely dedicated and tuned to you at the meeting. This is not just another case but there is a human being behind it. You are not just a screw in another oiled system, but human beings which differ from another. Therefore you will not want to see a divorce lawyer whose eyes wander to the clock every minute to end the meeting but you will want a lawyer who will not rush you. Such a lawyer will also ask the secretary not to forward calls to him during the meeting. Not every lawyer can adopt this approach, as there are lawyers who by nature are belligerent people, and this feature is also evident in their work. According to the new approach, the lawyer’s role is to listen to the client and understand what he needs. If the lawyer shows genuine listening, he will pay full attention to the small details that can completely change the picture.
For example, if a man whose wife has betrayed him comes to the lawyer and is charged with feelings of anger and wants to infringe on his wife’s rights as much as possible, the attentive lawyer will know how to read between the lines and explain to the husband why he should try and cultivate a healthy relationship with his wife. In fact, the lawyer will not rush to take the case at the client’s request and wage a power struggle with the woman but will try to act in the client’s favor and explain to him his rights and obligations, as well as the pros and cons of the legal process.
Paternity claim – how will a man prove that his semen has been stolen?
A paternity claim begins with a petition for paternity examination due to a sperm theft incident being a situation in which a man claims that a woman lied to him when she told him she was using contraception and he is not willing to take responsibility for the baby formed as a result of the relationship with that woman. When a man seeks to deny his paternity about a child born to his ex-partner because the pregnancy was unplanned, he might claim his sperm has been stolen. But even if the woman became pregnant without mutual planning, or by mistake, is there justice to release the father from responsibility? Theft of semen in the law: There is no anchorage in the law for the theft of semen as an offense, neither criminal nor civil.
It has no legal definition, it is not factual, but a matter of feeling and mental state. According to the court, the balance is always in favor of the child, and not in favor of the father who tries to evade payment of alimony and responsibility and dismisses his fatherhood, since, the obligation of alimony is towards the child and not towards the mother. Therefore, both in the case where the mother has plotted to become pregnant and in the case where the pregnancy was simply not planned by her, a child is entitled to alimony from his biological father. There are several considerations when the court anchors a father’s responsibility, even in the case of an involuntary becoming a father, when the main consideration is the best interests of the child and the child’s right to receive child support from his father.
Sperm theft – a paternity test according to Judaism
Especially in Israel, in terms of Jewish law, there are problems with the definition of a child as fatherless. The big problem is in the case of a married woman who has had a relationship with another man and then the definition of the child is that of a bastard, for all that that implies. The definition of a bastard is no longer a stigma as it once was, but such a child, who grows up and wants to marry according to Jewish laws, will be prevented from doing so, since a bastard cannot marry according to Jewish laws and his children will also be considered bastards and be unfit for marriage for ten generations.
Paternity test by tissue test
The law states regarding the theft of sperm, that in case the child’s mother is registered as married for a period not exceeding 300 days before birth, and a tissue test can harm the child because it may find that the mother’s husband or ex-husband is not the child’s father, the court will refrain from ordering tissue testing. If the court decides that the need for the paternity test is greater than the chance of harming the child, then and only then will the court order the test to be performed. Even in such a case, the court trusts the conduct of the examination in such a way as to harm the child as little as possible and in any case the court orders the examination to be performed only when there is no fear of declaring the child a bastard under Torah law Even if the father wants to file a civil tort claim against the mother of his child, it is his responsibility to prove that she completely misled him and he thought she was using contraception and yet, since he himself did not use contraception, he is also responsible for the pregnancy results. In any case, you should consult a family lawyer.
Paternity claim
A paternity claim is usually filed by a minor through his single mother against the person who is claimed to be his father for the purpose of determining that his birth father is indeed the father. According to the Ministry of the Interior’s guidelines, it is determined that in order for a minor to register in the name of his father, a notice of recognition of paternity is required, which will be submitted to the Ministry of the Interior within one year by a single woman and a man claiming paternity over the child. The parties are required to sign a paternity recognition form before a senior official of the Regional Bureau of the Ministry of the Interior. If these conditions are met, the father’s details of the birth notification will be recorded on the basis of this statement. The problem arises when the father is not willing to contact the Ministry of the Interior and declare his paternity until the minor has reached the age of one year and the father opposes the paternity claim. Then the court must decide between two basic rights – the minor’s right to know who his father is, which is an important right derived from the Basic Law of Human Dignity and Liberty versus the father’s basic right not to be harmed. The woman is entitled to ask the court to order a tissue test that can effectively and best prove the existence or absence of paternity, but the father is not obliged to consent to the test. The significance of the refusal to perform the test works to the detriment of the father and the refusal is considered a weighty reason on which the verdict will be decided. It is important to note that a court may charge a person who has refused to perform a tissue test on a minor alimony. In any case you should consult a divorce lawyer.
