A bill that would expand the type of cases in which a parent convicted of domestic violence is stripped of guardianship over their child was unanimously approved in the Knesset’s Constitution, Law and Justice Committee.
As it stands, the law dictates that a parent convicted of murder or the attempted murder of their child or their child’s other parent will automatically lose guardianship over him or her.
Additionally, someone who was indicted on one of these offenses will lose guardianship temporarily until a verdict is reached.
The bill aims to expand this law and remove guardianship from parents convicted of additional forms of violence against children or the child’s other parent. This is necessary because, in many cases, plea bargains in cases of attempted murder end in lesser convictions, according to the bill’s explanatory material.
“I have been waiting for this law to come into effect for a year and a half,” said Shira Isakov, whose husband, Aviad Moshe, was sentenced to 23 years in prison in 2022 for her attempted murder.
Moshe was also convicted of abusing their son, who was by Isakov’s side as he attacked her.
“I am protecting my child’s well-being, and it is difficult to fight for his safety,” she said.
Importance of creating tools to protect victims
Neta Barak, a lawyer with Legal Aid, stressed the importance of creating tools to protect victims from the moment of indictment and before conviction, explaining that this stage is very delicate for the victims and that the current system allows for suspects to pressure them.
“There are cases where, even when an indictment was filed for very severe violent offenses, requests for visitation rights were submitted, and there were instances where children developed emotional disorders and eating disorders. The legal tools currently available do not provide the victim with the ability to protect herself from such a situation,” she said.
Karen Horowitz, a lawyer from The Ruth and Emanuel Rackman Center for the Advancement of Women’s Status, also highlighted problems with the law as it stands.
“The law is currently lacking and leaves far too many cases out, such as children where the sexual offense was committed against their half-sister from their mother’s previous marriage. The law needs to be expanded to provide protection,” she highlighted.
“There needs to be a reversal of the burden of proof, making it clear that contact will not be renewed unless there has been a change in circumstances. Only if the convicted offender proves that circumstances have changed should a discussion be opened.”
Israel’s Lobby Against Sexual Violence welcomed the approval, saying it will continue to work to expand the scope of the law and its protections.