What It Is About
A groundbreaking amendment to the Legal Capacity and Guardianship Law in Israel, recently passed by the Knesset, is set to dramatically ease the guardianship process for widowed parents raising orphaned children. This move promises direct administrative approval for the majority of guardianship requests, thereby removing the need for lengthy and cumbersome court procedures.
Why It Matters
The reform is more than just a legal technicality; it signifies a societal shift in how Israel views and treats widowed parents. By simplifying the guardianship process, the new law acknowledges the primary role of surviving parents and frees them from unnecessary legal burdens that add to their emotional toll. This change sends a powerful message of support and trust in widowed parents, affirming them as the rightful guardians of their children.
The Current Legal Reality
Under prevailing Israeli law, when one parent dies, the authority of the surviving parent is scrutinized. Widowed parents, unjustly cast into a position where they must prove their legitimacy, face significant administrative hurdles for everyday decisions involving their children’s welfare and assets. Actions like investing a child’s inheritance or moving houses demanded lengthy court applications, draining widowed parents both financially and emotionally.
The Pain of Legal Battles
On top of coping with the loss of a spouse, many widowed parents confront a humiliating court process, labeled as adversaries of their own children. This legal battle, defined by confrontations with the system over basic parenting decisions, exacerbates their grief and highlights an urgent need for reform.
A Step Towards Change
The newly enacted amendment will bring about “administrative approval” for 80% of guardianship requests, enabling quicker decisions through a semi-automatic online system. Widowed parents are expected to save time and money while escaping the emotional strain of court proceedings. This amendment is a profound acknowledgment of the parent’s role and serves as a respectful shift towards trusting them to manage their child’s welfare autonomously, akin to a married couple.
A Bright Spot on a Long Journey
This milestone is crucial in rectifying the societal and legal treatment of Amitsim families—that is, families consisting of young widowed parents and their orphaned children. It serves as the start of a broader journey towards wholly recognizing and supporting these families. The amendment highlights a necessary call to action for continuous advocacy in ensuring that all parents, regardless of their circumstances, receive their due respect and acknowledgment.
The importance of this change cannot be overstated, and due credit goes to instrumental figures like Justice Minister Yariv Levin, Guardian-General Ben-Zion Feigelson, and Knesset Constitution, Law, and Justice Committee Chairman Simcha Rothman.
This story was first published on jpost.com.