Is there a legal presumption in Israel that mothers get custody of young children?

The Tender Years Presumption (*chezkat gil harach*) is rooted in Section 25 of the Legal Capacity and Guardianship Law 5722-1962 and has been interpreted by Israeli courts for decades. The presumption applies to children below age six and places the burden on the parent seeking non-maternal custody to show a compelling reason. However, Israeli family courts — both the secular Family Court and, for Jewish families, the Rabbinical Court in divorce proceedings — have progressively narrowed the presumption's automatic force. Multiple Supreme Court decisions have affirmed that the best interests of the child is the paramount consideration and that the presumption cannot override clear evidence pointing to a different outcome. Shared custody (*mishmoret meshuttefet*) has become increasingly common even for children under six.

For foreign nationals involved in Israeli custody proceedings, understanding the presumption is critical to forming realistic expectations. A father seeking primary custody of a child under six faces a higher evidentiary bar than a mother, but the presumption is not insurmountable. Evidence of a mother's instability, mental health difficulties, substance issues, or domestic violence can rebut it. Courts also weigh continuity of care — who has been the primary caregiver in practice — and the child's established routines and attachments. If one parent is a non-resident foreign national, additional factors apply: the court may impose travel restrictions on the child or require guarantees before allowing international access visits. Our full guide on child custody in Israel explains how courts evaluate all these factors in detail.

From the full guide: Child Custody in Israel: A Complete Guide for Foreign Nationals

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