Family laws are ancient and modern. Over the years, wise judges have learned to maintain the status quo by preventing parents from leaving the country during a case. But one Australian father, who allegedly owes millions in child support, just received an 8,000-year travel ban. This travel ban prevents him from leaving the holy land until the year 9999 in his ongoing international divorce.
Thou Shall Not Leave the Jurisdiction
Noam Huppert, a 44-year-old citizen of Australia was married to an Israeli woman and they have two young children together. The family court in Israel issued a “stay-of-exit” order against Noam, sometimes referred to in Israel as a “Tsav.” He apparently cannot lift the travel ban order – and leave the country – until he pays his outstanding child support payments.
“The total in the year 2013 was roughly 7.5 million shekels (roughly $3.34 million)”
Israel’s laws regarding child support may be ancient, but why 8,000 years? It has been reported that placing the travel ban’s expiration date of 9999 in the court order was probably because it was the highest possible date that fit in the field and he owed a lot of child support.
The US State Department regularly includes a warning about travel. The civil and religious courts in Israel actively exercise their authority to bar certain individuals, including non-residents, from leaving the country until they pay their debts or other legal claims against them are resolved.
The US State Department also warns travelers that the US Embassy is unable to cancel the debt of a US citizen or guarantee their departure from Israel when they face a travel ban from leaving the country until debts are resolved.
Mr. Huppert, who works as an analytical chemist for a pharmaceutical company, told the Australian news service NewsAU that Israeli courts had ruled he owed 5,000 shekels per month for each child until they turned 18.
Florida International Divorce
I’ve written about international divorce issues before. International divorce frequently involves understanding various issues in foreign laws, and especially, jurisdiction. Jurisdiction involves questions about who sues whom, where do you sue, how do you sue for international divorce, and what country’s laws apply.
Which country’s laws apply can be tricky, and even well represented clients can end up owing big. Recently a British court ordered the ruler of Dubai, Sheikh Mohammed bin Rashid al-Maktoum, to pay his ex-wife Princess Haya bint al-Hussein more than $728 million in one of the largest divorce settlements ever handed down by a British court.
Rules against wrongfully abducting or retaining children in a foreign country, or leaving the jurisdiction, is a problem in every divorce – especially in international cases. One of the ways courts in Florida prevent child abductions and secure the payment of child support is travel bans.
So, in any proceeding in which there is a parenting plan involved, if there is a risk that a parent may remove a child from the state or country, or simply conceal the whereabouts of a child, courts have a lot of options at their disposal.
The powers of Florida courts to prevent the wrongful removal of a child can be as simple as ordering parents not to remove the child without the notarized written permission of both parents and a court order, limiting travel to Hague Convention countries.
In addition, Florida courts can require parents to surrender the child’s passport, place the child’s name in the Children’s Passport Issuance Alert Program of the United States Department of State and/or post a bond or other security as a financial deterrent to abduction.
But parents can also lose their travel privileges in the United States for owing unpaid child support. For instance, the U.S. Department of State issues passports to U.S. citizens for foreign travel. If a parent owes more than $2,500 in past-due support, the Department of State automatically denies any application for a U.S. passport until the past-due child support is paid. This includes requests to renew, replace or add pages to an existing passport.
Woe to the shepherd who abandons the flock
In Israel, the family court in a divorce case can issue a ban on the children or a parent leaving the country when one of the parents requests it. The reason a ban can be issued by a court in Israel is because of the fear that one of the parents will take the children abroad and never return. This is especially true in a country such as Israel, with many immigrants.
Israeli courts can also issue the travel ban when a husband refuses to give his wife the “Get”, or as in the case of the Australian father, when a father refuses to pay, or is late on, the monthly children’s support.
It is possible to leave by legal means if a travel ban is in place. Similar to other jurisdictions, a father would have to provide guaranties and guarantors in order to leave the country.
Israel’s government allows you to check if you have a travel ban on their website to avoid a court ordered travel ban from interfering with your travel.
The Australia News Corp article is here.