Boy will not be sent to yeshiva high school against his will

Haifa District Court overturned the family court's ruling, which required a 16 year old to learn at a yeshiva high school against his will by his father's wish.

The boy's mother, who divorced his father, supported him and signed him to a technical school. The court accepted the appeal filed by the boy through the Legal Aid Department at the Ministry of Justice and ordered to allow him to enroll and study at the technical school at which he wishes to sign up.

The District Court criticized and expressed surprise how the family court did not summon the boy and did not hear him, and ignored the opinion of the review submitted by the social worker who supported the boy to move to the school from the professional aspect too.

The court summoned the boy to the judges' office and heard his position which only strengthened the court's conclusions that one should respect his will.

The District Court cited both the International Covenant of Children's Rights and the statement of Janusz Korczak on children as full human beings already in childhood. Among other things, the Court held that in two years the boy will be "responsible and mature enough to fight and protect us all. One can not negate his desires as if they do not exist, only because of the father's further concern that the secular society in science school will adversely affect his son... " The court further added, that the father's respect for his son's choice, will only bring rapprochement between the two.

The beginning of the process was a few months ago when the boy turned to the Child Welfare Council and requested assistance in realizing his desire to attend a school of his choice. The council referred the boy to the Legal Aid Department of the Ministry of Justice. The Legal Aid Department of Haifa appointed a legal representation for the boy (attorney Efrat Wenkert) and an appeal was filed as said to the District Court on his behalf of the family court's decision, an appeal which was accepted.

CEO of the National Council for the Child, Dr. Yitzchak Cadman said that this is a most important judgment which has a direction of the importance of listening to the child's wishes and views, mostly in older ages, actually taking into account their opinion and wishes.

Attorney Efrat Wenkert who represented the minor on behalf of the department of legal assistance in Haifa: "The ruling is an important milestone in empowering minors, thus enabling them to turn independently to exercise their rights in proceedings affecting their future, and gives them a place to play their voice in court regardless of such conflict or other between their parents. In this concrete case there is a minor who throughout a long period expressed a consistent desire to choose his appropriate and correct track, and the court allowed him to fulfill his will and influence his course of life."

'בחדרי' גם ברשתות החברתיות - הצטרפו!