Language:
Hebrew
Year of publication:
2014
Titel der Quelle:
מאזני משפט
Angaben zur Quelle:
ט (תשעד) 147-173
Keywords:
Sheinbaum, Elisha
;
Domestic relations courts
;
Judges
Abstract:
The committee to examine the implementation of family law was established in 1985, headed by the late vice-president and judge Elisha Scheinbaum. The Scheinbaum committee’s chief recommendation was to concentrate all family affairs in one court, according to the principle that guided the committee – “one family, one judge”. This recommendation in fact led to the establishment of family courts. However, meticulous scrutiny of the report indicates that it related to additional issues – both in the essential law and legal procedures, as well as establishing institutions such as a consulting body. This lecture will deal with review and analysis of the topics that were mentioned and discussed by the Scheinbaum committee, including those that were accepted in full and those that served as inspiration for the existing law. The Scheinbaum committee’s viewpoint will be presented, followed by the degree of its implementation in the Family Courts Law, as well as evaluation of the topic today vis-à-vis the Israeli legal system in general and family courts in particular. Changes that occurred in the law with the legislation of the Family Courts Law will be examined, as well as the contribution of the family courts system and its adjacent frameworks. The lecture will also suggest some ways to improve the current situation, such as in-depth study programs for family court judges – on wide-scale legal issues, on limited legal issues, and (no less important) in the field of psychology and personal contact with the litigators; expansion of the family court’s authority so that it has the sole authority to judge youths in civil cases; and increasing access to the Supreme Court regarding issues of importance and at crossroads of crucial rulings on topics of property or damages claims due to not granting a divorce or releasing an aguna*. The seeds sown by the late vice-president of the Tel Aviv District Court, the honorable Judge Elisha Scheinbaum, in his legal work, and mainly in the Scheinbaum committee report, echoes in the courtrooms to this day. Even younger lawyers, the ‘generation that did not know’ Elisha, can read the Scheinbaum committee report and learn how the rules and procedures of family courts, in which they work every day, were formulated.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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