Wednesday, October 21, 2009

The Right to Travel Abroad

Israeli basic law which has been held to be constitutional states that all persons in Israel may leave the country either permanently or for a trip abroad. In spite of the constitutional right to leave the country Israeli courts routinely issue orders to prohibit a person from going abroad. These orders are usually issued ex parte without a full hearing. The courts will issue such orders in order to insure that a parent usually a father will not leave Israel without providing guarantees that he will return, and continue to support his children and sometimes even his wife.
The order is issued by a registrar who usually will order a full hearing to hear all sides, whithin a short time after the order is issued.In a global economy there is always a danger that these orders will be abused and cause damage as many people travel abroad on business.
Nevertheless the courts have ruled that in balancing the various rights and interests of all the concerned parties these orders are necessary. The Rabbinical courts will also issue such orders to prevent a woman from being abandoned by her husband a situation which may leave her an Aguna.

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