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Family Law

Can a child have their own lawyer in an Israeli custody case?

Yes, and the court can order it without either parent asking. Section 68(a) of the Legal Capacity and Guardianship Law 5722-1962 empowers a family court to take any step it considers necessary to protect a minor’s interests, including appointing a separate legal representative. The Ministry of Justice Legal Aid Department funds that representation in family proceedings, so the parents are not billed for it. Appointment remains the exception rather than the routine, reserved for severe conflict, allegations of harm, or a child whose position clearly diverges from both parents.

Israeli family courts already hear from children indirectly. A welfare officer (pakid saad) interviews the child and files a recommendation, and judges routinely meet older children in chambers without the parents present. A separate lawyer is a different instrument altogether. That lawyer takes instructions from the child, files pleadings, questions witnesses, and argues a position that may contradict both parents. Section 68(a) is the source of the power and it is deliberately broad, allowing the court to act on its own motion, on a parent’s application, or on a request from the welfare officer. The appointment order defines the scope, which can be narrowed to a single contested issue.

Foreign parents litigating in Israel often encounter this for the first time when the judge raises it mid-hearing. The practical effect is significant, because the child’s lawyer has standing to appeal and to oppose a settlement the parents have negotiated between themselves. A parent who believes their child’s own view is being lost can apply for the appointment, attaching the welfare officer report and explaining what makes the case exceptional. Legal aid funding removes the cost objection that otherwise sinks these requests. Parents handling proceedings from abroad should read the guide to child custody in Israel before deciding whether to raise it.

⚖ In Practice
  • Governing law: Section 68(a), Legal Capacity and Guardianship Law 5722-1962
  • Competent authority: Family Court (Beit Mishpat LeInyanei Mishpacha); representation funded through the Legal Aid Department of the Ministry of Justice (HaSiyua HaMishpati)
  • Cost to parents: none where legal aid supplies the representative; a privately retained child’s advocate is paid by whichever party the court directs
  • Who can trigger it: the court on its own motion, either parent, or the welfare officer
  • Typical timing: raised after the welfare officer report, roughly 3 to 6 months into a contested custody file
  • Scope: the order can be general or confined to one issue, such as relocation abroad or a change of school

From the full guide: Child Custody in Israel: A Guide for International Parents

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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