Litigation and Complex Proceedings

Appeal of judgment - Reviewing the judgment, deadlines and possible arguments before deciding on an appeal.

What is an appeal in family matters?

An appeal is a legal proceeding in which one of the parties claims that an error occurred in the ruling given in their matter at the Family Court – whether legal, factual, or procedural. The appeal is filed with the District Court, which reviews the previous decision and may:

• Affirm the original ruling
• Overturn the ruling

Change material provisions (such as the amount of support, the determination of custody, division of property)

• Return the case for a new hearing

Which decisions can be appealed?

• Custody and residence arrangements (parenting time)
• Child support or spousal support
• Division of property and resource balancing
• Approval or invalidation of a will
• Determination of legal parentage or guardianship
• An award of unjustified legal costs

Domestic violence - Sensitive and urgent handling of situations requiring protection, documentation and legal steps.

What is domestic violence?

Domestic violence includes any harmful behavior by a spouse/partner, parent, sibling, or any other family member, which causes fear, threat, control, or harm – physical or emotional.

Common types of violence:

• Physical violence: assault, pushing, bodily harm
• Verbal and psychological violence: humiliation, threats, control, and social isolation
• Sexual violence: coercion or abuse within the family unit

Economic violence: controlling income, preventing access to the account, preventing financial independence

Protective order – when and for whom is it appropriate?

A protective order is an urgent legal proceeding intended to remove the violent person from the home or away from the victim, and to immediately stop the violence or the threats.

A protective order can be issued when:

• There is actual violence or a threat of violence
• There is repeated physical or psychological harm
• There is threatening or harassing behavior by a family member

How is a request for a protective order filed?

A request for a protective order can be filed in the Family Court or in the Magistrates' Court (depending on the case).

The request will include an affidavit describing the course of the violence, and it will be heard in an urgent hearing – usually on the same day.

At the hearing, the court may:

• Order removal from the home or from the workplace
• Prohibit making contact or approaching in any form
• Prohibit carrying a weapon or entering the victim's vicinity

Tort claim - Reviewing damage, responsibility and documentation when a family-related tort proceeding may be needed.

What is a tort claim in divorce?

A tort claim within the framework of divorce is intended to recognize harm that is not only emotional or moral, but also carries legal and financial implications. It can be based on various causes of action, such as:

Breach of promise to marry.

Harm to autonomy (for example: coercing a Get, delaying a Get, or public humiliation).

Emotional, verbal, or physical violence.

Defamation, invasion of privacy, or dissemination of personal content.

The courts recognize the possibility of filing a tort claim alongside the family proceeding, at times even for significant sums – this as part of the broadening recognition of the individual's rights within the family unit.

From the Case Law

In a considerable number of rulings, the courts have held that compensation may be awarded for a prolonged delay of a Get, out of recognition of a woman's right to autonomy and a life of dignity. Similar rulings have also awarded compensation for economic violence, defamation, and even for sexual harm within the couple's relationship.

When should you consider filing a tort claim?

If your spouse refused to grant a Get or applied improper pressure.

If documented cases of abuse occurred (recordings, correspondence, witnesses).

If you were exposed to shaming or the dissemination of personal content.

If marriage was promised and harm resulted from the breach of that promise.

Filing such a claim requires precise legal planning, the gathering of evidence, and a deep understanding of both tort law and family law.