The Jerusalem Family Court authorized the publication of a ruling according to which it was decided to compensate a divorced chareidi man with the sum of thirty thousand shekels, to be paid by his former wife for the allegations against him. The husband was represented by attorney Itamar Ben-Givir and the divorced woman was represented by attorney Moshe Osditscher.

During the husband’s summer vacation with his children, the mother turned to police and claimed she could not talk to her children who have disappeared and that the husband was trying to “smuggle them out of the country.” The divorcee also claimed that the husband held the children in violation of the court’s decision.

In light of all this, the police broke into the husband’s house late at night, accompanied by the mother, who woke the children and took them. The husband filed a suit against the woman, claiming she was lying and no one was smuggling the children.

While the woman was brought to testify, Attorney Itamar Ben-Givir presented documentation of many conversations between the woman and the children, while the woman claimed that the children had disappeared. In addition, the husband had called to arrange to return the children to their mother upon the end of his time with them, but she did not answer the phone or call back, preferring to complain to the police.

Justice Shlomo Elbaz stated the father succeeded in proving the mother was not answering her phone and the father did indeed do his best to bring the children back in a timely fashion. It was also proven that her allegations to police were false.

The court ruled that: “The blood of a person who undergoes a divorce process is not abandoned, and the court system is not supposed to justify the appearance of policemen at the door of a divorcee’s home whenever there is dispute, and one feels the need to turn to the police. It was often argued before this court that the phenomenon of false complaints by women involving the police causes injury to women and children who suffer from real violence”.

The court added such false complaints has a strong negative impact on the entire system and the court ruled the mother’s lack of availability at the time the children’s father tried to return them to her is witness to her insincerity, as was the police complaint alleging she feared for the safety of her children. The court added it is clear the mother’s intention was to teach her former husband a lesson regarding bringing the children back to her.

Judge Elbaz ordered that the woman should compensate her former husband in the amount of NIS 20,000 and that she would have to pay NIS 10,000 for his legal fees.

Attorney Ben-Givir expressed satisfaction with the ruling, which he explains “Sends a message to all divorced women to stop filing false complaints, as such complaints harm people and the children as well, resulting in a terrible injustice. If she makes false allegations against her former husband, then she will have to pay”.

Attorney Moshe Osditscher has filed an appeal with the District Court challenging Justice Elbaz’s ruling. The appeal is pending.

(YWN – Israel Desk, Jerusalem)