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Family Court Law, 5755-1995

חוק בית המשפט לעניני משפחה, תשנ"ה-1995

Published: 1995-08-07Consolidated Hebrew text as of 2023-09-18 · Last amended 2020-09-08✓ Amendment status checked against the Knesset legislation record on 2026-09-05
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Definitions§

1.

In this Law, "family matters" means one of the following:

(1)a claim in matters of personal status, within the meaning thereof in the Palestine Order in Council, 1922-1947, except for the administration of the property of absent persons;
(2)a civil claim between a person or that person's estate and a family member of that person, or that person's estate, the cause of action of which is a dispute within the family, whatever its subject-matter or value;

For the purpose of this paragraph —

"family member" —

(a)a spouse, including a person publicly known as his wife, a former spouse, a spouse whose marriage to him has been dissolved, provided that the subject-matter of the claim arises from the relationship that existed between them during the period in which they were spouses;
(b)a child, including a child of a spouse;
(c)parents, parents of a spouse, or their spouses;
(d)a grandchild;
(e)grandparents;
(f)siblings, of the person or of the spouse;

"parent" — includes an adoptive parent or guardian;

(3)a claim for maintenance or for housing;
(4)a claim for paternity or maternity;
(5)a claim concerning the return of an abducted minor, including a claim under the Hague Convention (Return of Abducted Children) Law, 5751-1991;
(6)a claim under the following laws:
(a)the Marriage Age Law, 5710-1950;
(b)the Names Law, 5715-1956;
(c)the Legal Capacity and Guardianship Law, 5722-1962, including custody rights, education, visitation, ensuring contact between a minor and a parent, or the departure of a minor from the country;
(d)the Age Determination Law, 5724-1963;
(e)the Succession Law, 5725-1965, including a claim the cause of action of which is a dispute in connection with inheritance, whoever the parties may be;
(f)the Jurisdiction in Matters of Dissolution of Marriage (Special Cases) Law, 5729-1969;
(g)the Financial Relations between Spouses Law, 5733-1973;
(h)the Adoption of Children Law, 5741-1981;
(i)the Prevention of Family Violence Law, 5751-1991;
(j)the Agreements for the Carrying of Fetuses (Approval of Agreement and Status of the Newborn) Law, 5756-1996;
(7)a proceeding under section 20 of the Protection of Witnesses Law, 5769-2008;
(8)a proceeding under section 36 of the Egg Donation Law, 5770-2010.

Establishment of the Family Court§

2.
(a)The Minister of Justice, with the consent of the President of the Supreme Court, may by Order authorise a particular Magistrate's Court to sit as a Family Court, which shall hear family matters, and to determine its jurisdiction for the purposes of this Law; an Order as aforesaid may authorise the court to hear all matters or some of them.
(b)The Minister of Justice, with the consent of the President of the Supreme Court, may appoint judges from among the judges of the Magistrate's Court to sit in the Family Court, and may also appoint a Deputy President for Family Matters; the provisions of section 9(b) and (c) of the Courts Law [Consolidated Version], 5744-1984, applicable to the appointment and tenure of a Deputy President of a Magistrate's Court, shall apply to the appointment and tenure of a Deputy President for Family Matters.
(c)A person who possesses knowledge and professional experience in this field is qualified to be appointed as a judge of the Family Court.
(d)The provisions of this Law shall not derogate from the authority of a judge of the Family Court to hear matters heard in a Magistrate's Court.
(e)The President of the Supreme Court, with the approval of the Minister of Justice, may appoint a judge, or a person qualified to be appointed as a judge of a Magistrate's Court, as Registrar of a Family Court, and such person shall have the same status as a Registrar of a Magistrate's Court.
(f)The Minister of Justice, with the consent of the President of the Supreme Court, and with the approval of the Constitution, Law and Justice Committee of the Knesset, may by Order prescribe additional matters in which the Family Court shall be competent to hear under this Law.

Jurisdiction of the Family Court§

3.
(a)Family matters under this Law shall be heard in the Family Court.
(b)The Family Court shall be competent to hear a claim for the enforcement of a foreign judgment in family matters or for its recognition.
(b1)Notwithstanding the provisions of section 25, the Family Court shall also be competent to hear family matters of a person in respect of whom exclusive jurisdiction has been established under Sections 52 or 54 of the Palestine Order in Council, 1922-1947, except for matters of marriage and divorce.
(c)Every matter in respect of which the Family Court has jurisdiction under this Law also includes the confirmation of an agreement in connection therewith, even if no claim is pending before the court at that time, and the court shall be entitled to give such an agreement the force of a judgment.
(d)In a family matter concerning a minor, a social worker appointed by law, through or with the approval of the Attorney General or a representative thereof, may file a claim under this Law; and the minor may also, personally or through a close friend, file such a claim in any matter in which the minor's right is liable to be materially harmed; for the purpose of this section —

"filing a claim" — including the filing of an application within the framework of a claim filed by another and including an appearance in court;

"a social worker appointed by law" — a social worker appointed under any one of the laws listed below, as the case may be:

(1)the Marriage Age Law, 5710-1950;
(2)the Welfare (Procedure in Matters of Minors, Mentally Ill Persons and Absentees) Law, 5715-1955;
(3)the Social Welfare Services Law, 5718-1958;
(4)the Youth (Care and Supervision) Law, 5720-1960;
(5)the Protection of Wards Law, 5726-1966;
(6)the Welfare (Treatment of Persons with Intellectual-Developmental Disabilities) Law, 5729-1969;
(7)the Adoption of Children Law, 5741-1981;
(8)the Agreements for the Carrying of Fetuses (Approval of Agreement and Status of the Newborn) Law, 5756-1996.

Additional Provisions Concerning Jurisdiction§

4.
(a)When sitting as a Family Court, the court shall also have the powers vested in a Youth Court under the Youth (Care and Supervision) Law, 5720-1960.
(b)(Repealed)
(c)The making of an Order under the Prevention of Family Violence Law, 5751-1991, may be heard in a Magistrate's Court that is not a Family Court.
(d)An appeal against any other decision of a Registrar under section 96(b) of the Courts Law [Consolidated Version], 5744-1984, in a claim in family matters, or an appeal against a decision or Order of a Head of Execution in connection with the execution of a judgment in family matters, shall be heard before the Family Court, before a single judge; for the purpose of this section, "judgment" — within its meaning in the Execution Law, 5727-1967.

Support Unit in the Family Court§

5.
(a)The Minister of Justice and the Minister of Labour and Welfare shall, by Order with the approval of the Constitution, Law and Justice Committee of the Knesset, establish a support unit in the Family Court, which shall provide the parties, by itself or through others, in accordance with the provisions of this section, with diagnostic, advisory, therapeutic and mediation services in family matters, including making experts available to the court, and shall prescribe the manner of operation of the support unit and rules for its working procedures.
(b)The Minister of Labour and Welfare, with the consent of the Minister of Justice, shall prescribe by Order the professional qualifications of the employees of the support unit and the manner of professional supervision over them.
(c)The Family Court may refer a party to the support unit, all as it shall specify in its decision, and may instruct the support unit to submit a written opinion on a matter before it, to the extent required for an immediate need, provided that there is no reasonable possibility of obtaining a report on the matter from a social worker; should a party refuse to appear before the support unit, that party shall notify the court thereof in writing within 15 days of the date of referral; in this subsection, "social worker" — a social worker appointed under the Youth (Care and Supervision) Law, 5720-1960, or with respect to the Welfare (Procedure in Matters of Minors, Mentally Ill Persons and Absentees) Law, 5715-1955.
(d)Without derogating from the provisions of any law, a Registrar of the Family Court may make a referral to the support unit, as referred to in subsection (c).
(e)The Family Court or a Registrar of the Family Court may, for reasons to be recorded, also refer to the support unit a family member of a party in a claim in family matters filed with the court, provided that such family member has consented thereto; for this purpose, "family member" — as defined in section 1, in paragraph (2) of the definition of "family matters".
(f)A referral to the support unit, the provision of services by it under section 5, the reaching of an agreement with its assistance, and the consent of the parties to all of the foregoing, shall not confer upon the court jurisdiction to hear a matter that was not within its jurisdiction prior to the referral to the support unit; nothing in this subsection shall derogate from the provisions of law concerning the conferral of jurisdiction by means of an application for the resolution of a dispute.

Prohibition of Publication, Privilege and Inadmissibility of Information Transmitted to the Support Unit§

5a.
(a)Things said and information transmitted to the support unit shall be regarded, for the purpose of the prohibition of publication, as things said before a court sitting in camera.
(b)Assertions regarding participation in a hearing before the support unit, the course of the hearing before it, or its discontinuation, shall not be taken into account by the court.
(c)No person shall be obliged to disclose, and a court, tribunal, or any authority or person authorised by law to take evidence shall not receive, things said and information transmitted to the support unit, unless one of the following applies:
(1)the things or the information were said or transmitted to the support unit for the purpose of giving an opinion, at the request of the court, and the court has notified the parties in advance that no privilege shall apply to the things or the information as aforesaid;
(2)all parties and any person referred to the support unit under section 5(e) have waived the privilege in writing.
(d)Notwithstanding the provisions of subsection (c)(2), where an employee of the support unit acted to resolve a dispute by way of mediation, things said by that employee shall not be brought before a court, a tribunal, or any authority or person authorised by law to take evidence, except with that employee's consent, in addition to the waiver of privilege by the parties and by any person referred to the support unit as required under subsection (c)(2).
(e)The provisions of subsections (c) and (d) shall not apply to things said and information transmitted to the support unit from which there arises a concern that an offence has been or is about to be committed against a minor or a helpless person in circumstances in which a duty to report applies under section 368d(b) of the Penal Law, 5737-1977, from which there arises a concern that the ground for making a protection order under section 3(2) of the Prevention of Family Violence Law, 5751-1991 has been established, or from which there arises a concern of harm to the mental or physical well-being of the minor and disclosure of the information is required in order to prevent such harm, to prevent its aggravation or recurrence, or to treat the minor in connection with such harm.
(f)Things that could have been presented before a court, a tribunal, or any authority or person authorised by law to take evidence, irrespective of the proceedings before the support unit, shall not be privileged solely by reason of their having been brought before the support unit.
(g)Notwithstanding the provisions of subsections (c) and (d), in criminal proceedings the provisions of Chapter III of the Evidence Ordinance [New Version], 5731-1971, shall apply.

Consolidation of Files§

6.
(a)Where claims in family matters have been filed with several courts within the same jurisdiction, the claims shall be heard together in the Family Court to be determined by the President of the Magistrate's Court or the Deputy President for Family Matters, pursuant to section 49(a) of the Courts Law [Consolidated Version], 5744-1984.
(b)Where claims as aforesaid have been filed with courts in different jurisdictions, the President of the Supreme Court or the Deputy President may order the transfer of the hearing to the Family Court to be determined by the President, which shall hear them together.
(c)The President of the Magistrate's Court or the Deputy President for Family Matters may order that a category of claims in family matters shall be heard in a Family Court to be determined by the President.
(d)A new claim in family matters shall be filed by the parties with the same Family Court that is hearing a prior claim concerning them, unless the President of the Magistrate's Court or the Deputy President for Family Matters has ordered otherwise.
(e)Where a claim has been filed with a Family Court and another claim has been filed with another court, in respect of a matter being heard in the claim before the Family Court, the Family Court may order the consolidation of the claims and hear them together, whatever the subject-matter or value of the other claim, if in its opinion the interests of justice and the benefit of consolidating the claims outweigh the harm to the interests of another person who is a party to the claim; once the hearing of the claim has commenced in the other court, the claim shall not be so consolidated except with the consent of the judge who commenced hearing it.
(f)A Family Court may join to a claim a person whose participation as a party is required for the purpose of the adjudication of the claim and the resolution of the dispute, whatever the subject-matter or value of the claim.
(g)Where a claim is pending before a Family Court in a matter concerning a minor, and a claim in the minor's matter has been filed with a Youth Court pursuant to the Youth (Care and Supervision) Law, 5720-1960, the hearing of the claim shall be transferred to the Family Court.
(h)The President of the Magistrate's Court may order that a claim filed with a Youth Court pursuant to the Youth (Care and Supervision) Law, 5720-1960, which preceded the filing of a claim with the Family Court, be transferred for hearing to the Family Court, if it is likely to affect the matter of the minor being heard in the Family Court.
(i)Where the matter has been transferred as referred to in subsections (g) and (h), the Family Court may continue to hear it from the stage reached by the Youth Court.

Execution Proceedings§

7.

Execution proceedings in a claim for the equalisation of resources between spouses, or in a claim for the partition of jointly-owned property of spouses, or in a claim in a matter concerning a minor, except in matters of the minor's property, shall be carried out pursuant to the decision of the Family Court and under its supervision, unless the court has ordered their execution through the Execution Office; the court may also order their execution in another manner that appears to it to be more efficient and just in the circumstances of the matter.

Procedure and Evidence§

8.
(a)In every matter of the law of evidence and procedure for which there is no other provision under this Law, the court shall act in the manner that appears to it to be best for doing justice; this provision shall not derogate from rules of witness privilege or rules of privileged evidence.
(b)The Family Court may hear the testimony of a minor in the absence of anyone, or in the presence of a person whom the court has permitted to be present at the hearing, and may also order the discontinuation of the hearing of a minor's testimony or prevent cross-examination of the minor if it considers that harm may be caused to the minor.
(c)Where an expert or adviser has been appointed on behalf of the court, no party shall be entitled to adduce additional expert evidence on that party's behalf, except with the leave of the court.
(d)The provisions of this section shall also apply to a Magistrate's Court when hearing claims under the Prevention of Family Violence Law, 5751-1991.
(e)The provisions of this section shall not apply to a claim under the Succession Law, 5725-1965, the cause of action of which is not a dispute within the family.

Appeal§

9.

A court hearing an appeal against a judgment or against a decision of a Family Court shall have the powers vested, under this Law, in the Family Court, including the hearing of testimony or the adducing of additional evidence, if it considers this necessary for the adjudication of the appeal.

Amendment of the Courts Law – No. 21§

10.

In the Courts Law [Consolidated Version], 5744-1984 —

(1)in section 37, in subsection (b), after paragraph (5) the following shall be inserted:

"(6) appeals against judgments of a Family Court, except appeals against a judgment that is wholly or partly in matters of inheritance, paternity or maternity, adoption, custody rights, or the return of an abducted minor.";

(2)in section 40, in paragraph (1), at the end thereof the following shall be inserted: "however, if the counter-claim was within the jurisdiction of a Family Court, the court may transfer the claims to the Family Court within whose jurisdiction the counter-claim would have been filed, whatever its value, if in its opinion the interests of justice and the benefit of the transfer outweigh the harm to the interests of another person who is a party to the claim;";
(3)in section 51 —
(a)in subsection (a) —
(1)paragraph (3a) — shall be deleted;
(2)after paragraph (4) the following shall be inserted:

"(5) family matters within their meaning in the Family Court Law, 5755-1995, notwithstanding the provisions of paragraphs (2) and (3)".

(b)after subsection (b) the following shall be inserted:

"(c) In matters listed in paragraph (5) of subsection (a), a court authorised as referred to in the Family Court Law, 5755-1995, shall hear the case.";

(4)in section 68 —
(a)paragraph (6) — shall be deleted;
(b)after subsection (d) the following shall be inserted:

"(e) Notwithstanding the provisions of section 68(a), family matters, within their meaning in the Family Court Law, 5755-1995, except claims under the Succession Law, 5725-1965, the cause of action of which is not a dispute within the family, and claims under the Names Law, 5715-1956, and under the Age Determination Law, 5724-1963 — shall be heard in camera, unless the court has ordered the matter to be heard, wholly or partly, in public.";

(5)sections 92 and 93 — are repealed.

Amendment of the Palestine Order in Council§

11.

In Section 64(I) of the Palestine Order in Council, 1922-1947, wherever appearing, the words "the District Courts" shall be replaced by "the civil courts".

Amendment of the Marriage Age Law – No. 3§

12.

In section 5 of the Marriage Age Law, 5710-1950, the words "District Court" shall be replaced by "Family Court".

Amendment of the Social Welfare Services Law – No. 4§

13.

In section 1 of the Social Welfare Services Law, 5718-1958, in the definition of "court", before "including a tribunal" the words "the Family Court" shall be inserted.

Amendment of the Family Law Amendment (Maintenance) Law – No. 3§

14.

In section 18 of the Family Law Amendment (Maintenance) Law, 5719-1959, the words "the District Court" shall be replaced by "the Family Court".

Amendment of the Legal Capacity and Guardianship Law – No. 9§

15.

In the Legal Capacity and Guardianship Law, 5722-1962 —

(1)sections 73 and 75 — are repealed;
(2)in section 78, the words "the District Court" shall be replaced by "the Family Court".

Amendment of the Age Determination Law§

16.

In section 1 of the Age Determination Law, 5724-1963, the words "a Magistrate's Court" shall be replaced by "the Family Court".

Amendment of the Succession Law – No. 6§

17.

In the Succession Law, 5725-1965 —

(1)in sections 21, 22(e), 23 and 75, the word "District" — shall be deleted;
(2)in section 22, in subsection (a), the words "District or of a Magistrate's Court" — shall be deleted;
(3)in section 60, subsection (c) — is repealed;
(4)in section 151 —
(a)in subsection (a), wherever appearing, the word "District" shall be replaced by "Magistrate's";
(b)after subsection (b) the following shall be inserted:

"(c) Notwithstanding the provisions of subsections (a) and (b), a Family Court shall hear claims in matters of inheritance as provided in the Family Court Law, 5755-1995";

(5)section 152 — is repealed.

Amendment of the Population Registry Law – No. 6§

18.

In section 19e of the Population Registry Law, 5725-1965, the words "the District Court" shall be replaced by "the Family Court".

Amendment of Execution Law – No. 16§

19.

In the Execution Law, 5727-1967 —

(1)in section 62(a), after "in connection with a minor" there shall come "and it has been determined in a decision that execution shall be effected through the Execution Office";
(2)after subsection 80(b) there shall come:

"(b1) Notwithstanding the provisions of subsection (b), an appeal in the matter of the execution of a judgment in family matters, including an appeal against a decision under sections 19, 25, 48 and 58, shall be heard as of right before the Family Court before a single judge; however, such an appeal against a decision of a Magistrate's Court judge, by virtue of that judge's authority under section 3, shall be heard as of right before a District Court before a single judge; the provisions of section 96(c) and (d) of the Courts Law [Consolidated Version], 5744-1984, shall apply to a decision on appeal."

Amendment of Jurisdiction in Matters of Dissolution of Marriage (Special Cases) Law§

20.

In the Jurisdiction in Matters of Dissolution of Marriage (Special Cases) Law, 5729-1969 —

(1)in section 1(a), at the end thereof there shall come "or another justice of the Supreme Court designated by the President";
(2)in every place, instead of "District Court" there shall come "Family Court";
(3)in section 8, the concluding passage "or from section 18 of the Courts Law, 5717-1957" — shall be deleted.

Amendment of Financial Relations between Spouses Law – No. 3§

21.

In section 2 of the Financial Relations between Spouses Law, 5733-1973, instead of "the District Court" there shall come "the Family Court".

Amendment of Adoption of Children Law§

22.

In section 26 of the Adoption of Children Law, 5741-1981, in subsection (a), instead of "District Court" there shall come "Family Court".

Amendment of Hague Convention (Return of Abducted Children) Law§

23.

In section 6 of the Hague Convention (Return of Abducted Children) Law, 5751-1991, instead of "the District Court" there shall come "the Family Court".

Amendment of Prevention of Family Violence Law§

24.

In the Prevention of Family Violence Law, 5751-1991 —

(1)in section 1, in the definition of "court", the words "or a District Court" — shall be deleted;
(2)the provision of section 8 shall be marked (a) and after it there shall come:

"(b) The provisions of section 8 of the Family Court Law, 5755-1995, shall apply to a Magistrate's Court adjudicating a claim under this Law."

Preservation of jurisdiction§

25.
(a)This Law shall not derogate from the jurisdiction of the religious courts and the Labour Court.
(b)In a matter that falls within the concurrent jurisdiction of a religious court, the Family Court shall be competent to adjudicate for as long as the religious court is not adjudicating it.

Implementation and regulations§

26.
(a)The Minister of Justice may, by Regulations, regulate procedure and practice before the Family Court, including provisions concerning the powers of the court to order matters as follows:
(1)summoning a witness on behalf of the court;
(2)appointing an expert or adviser on behalf of the court, the manner of that person's activity and remuneration;
(3)appointing a receiver by the court, the manner of that person's activity and remuneration;
(4)referring a matter to a mediation proceeding within the meaning thereof in section 79c(a) of the Courts Law [Consolidated Version], 5744-1984, including arrangements and rules in the mediation proceeding and its conduct;
(5)fees.
(b)In any matter listed in subsection (a) in paragraphs (1) to (4), the court is empowered to grant any Order and any other relief that it considers appropriate to grant in the circumstances of the matter.
(c)Regulations under subsection (a)(5) require the approval of the Constitution, Law and Justice Committee of the Knesset.

Transitional provisions§

27.
(a)The establishment of Family Courts that shall adjudicate all family matters shall be completed throughout the country no later than the end of two years from the commencement of this Law; however, the authorisation of Family Courts to adjudicate claims under the Succession Law, 5725-1965 (hereinafter — the Succession Law), shall be completed no later than the 10th of Elul 5758 (1 September 1998); the Minister of Justice, with the consent of the President of the Supreme Court, may by Order direct the transfer of such claims to a particular Family Court at an earlier date; for the purposes of this Law, every application under the Succession Law shall be regarded as a claim.
(b)Where a Family Court has been established, a support unit shall be established within it, as referred to in section 5, no later than the end of six months from the date of its establishment.
(c)Claims or categories of claims in family matters that were pending on the commencement date of this Law in a District Court or in a Magistrate's Court may, by Order of the Administrator of Courts with the approval of the Minister of Justice, be directed to be transferred to a Magistrate's Court that has been authorised to sit as a Family Court, after coordination with the presidents of the courts concerned; the court to which such a claim has been transferred may continue to adjudicate it from the stage at which the previous court left off.
(d)Notwithstanding the provisions of subsection (c), the president of the court in which the claim is being adjudicated may, at the request of a party, direct that the claim shall continue to be adjudicated in that court.
(e)In every jurisdiction in which a Family Court has not yet been established, family matters and appeals against decisions of the Head of the Execution Office in the matter of execution of a judgment in family matters shall be adjudicated in the court competent to do so on the eve of the commencement of this Law, and in that jurisdiction the provisions of this Law shall not apply.

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LawFamily LawAdministrative Law

חוק בית המשפט לעניני משפחה, תשנ"ה-1995

Family Court Law

Family Court Law 1995

Chok Beit HaMishpat LeInyanei Mishpacha

Family Courts Law

Israeli Family Court Law

Family law courts

Domestic relations court

Family proceedings law

Israeli family tribunal law