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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex wife is refusing my visitation rights of my 9 year old

Customer Question

My ex wife is refusing my visitation rights of my 9 year old son even though he wants to see me.
Am I allowed to cease any maintenance payments to her until it is resolved by a court or by other mediation.
Submitted: 9 months ago.
Category: Legal
Expert:  phred5- replied 9 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Whatever you do, do not stop paying maintenance as you will be committing a criminal offense if you do. You should remember that you are not paying for access to your child. You are paying to ensure that your child is looked after and that his needs are maintained.

Your ex wife must have very good reasons for refusing you access or else she might get into some trouble with the courts who will not look kindly on her behavior. You should immediately get an attorney to take steps for you to get access to your child. Due to your son's age, the court will also consider his views on this matter but it will not be the deciding factor.

I hope this answered your question.

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Customer: replied 9 months ago.
Dear Mr LombardI noticed this response is for South Africa, I am in Israel and would like to know my rights in this country.In any case thanks for your reply, It makes sense and should apply to every Country.Would reducing maintenance be an option?RegardsHarvey
Expert:  phred5- replied 9 months ago.

Hallo Harvey

I have no idea what the law is in Israel. You posted your question in SA Law section. I will refer it.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR who has dealt with Israeli laws before.
You cannot cease payments under Israeli law. In fact the Israeli law says the father can be jailed for not paying support as required under the law. So you need to continue making payments.
Absent a court order to the contrary, you have a right to visit with the child on a reasonable and liberal basis. If she is interfering with that right only the court can intervene though and stop the conduct and the court can actually jail her for denial of visitation to the father. So if she is denying your right to see the child, you can have your attorney go to court before mediation and seek an emergency court order to force her to allow visitation until mediation is completed.