There is no dispute that this is a warm relationship, but it is not clear whether it establishes parenthood.
- With regard to the financing of the minor's needs, the plaintiff's mother testified that shortly after the birth she and the defendant's mother purchased a bed for the baby (p. 97 of the transcript), testified that she opened a savings plan for the toddler (Exhibit 17 of the plaintiff's exhibits file) as she did for the other grandchildren (p. 98 of the transcript), and testified that she gave her cash as needed and purchased products for her at Superpharm (p. 99 of the transcript). The defendant sent the plaintiff's mother WhatsApp messages thanking her for her generosity in general and for the payment for the maternity package in particular (Exhibit 16 to the plaintiff's exhibits file).
The defendant admitted that the plaintiff had purchased clothing and toys for the minor, but claimed that this was done in order to get back money that she owed her, including for the loan in the joint account (p. 52, paras. 3-10 of the transcript). It was found that the plaintiff, her parents and sister did indeed participate in the purchase of items for the minor, although the scope of the purchases is unclear.
- With regard to the minor's kindergarten, the testimonies indicate that the kindergarten teacher treated the plaintiff as an additional mother. The kindergarten teacher testified that the minor's card at the nursery --- listed "the minor's name and both family names" (despite the fact that the couple did not unite the last names), as well as on the "identity card" that they prepared for the children for Independence Day (p. 132 of the transcript). The plaintiff was photographed on the minor's birthday and even during the "Family Day" activity (Appendix 39 to the plaintiff's exhibits file). The kindergarten teacher testified that she put the defendant in the WhatsApp group of the kindergarten parents (p. 131 of the transcript). As will be detailed below, when the plaintiff discovered that the defendant's pairof tea was pregnant, the plaintiff voluntarily withdrew from the said WhatsApp group of the kindergarten children, thus reducing the relationship on her own.
- Later in their life together, it became clear that the difficulties that accompanied the couple at the beginning of the relationship were not resolved and even worsened, as this affected the plaintiff's conduct towards the minor and led the defendant to inform the plaintiff that she had filed for separation. Despite the situation, she did not initiate a parenting agreement. The following is the details:
At the beginning of the relationship, the plaintiff decided to create the impression in the defendant that she was a policewoman in the Israel Police, as shown by the exchange of text messages between them (Exhibit 4, p. 9 of the defendant's exhibits file). The plaintiff is also wearing a black shirt with a police station insignia on it, with a police uniform in her wardrobe (Exhibit 5, pp. 11-15 of the defendant's exhibits file). The plaintiff claimed that in practice she served as a volunteer in the Civil Guard in the years 2014-2015 (as stated in Appendix 35 to the plaintiff's exhibits file), but this does not explain why she later presented herself as a policewoman in the Israel Police. A review of the pay slips presented by the plaintiff in the bankruptcy proceeding shows that she worked as a security guard in a private security company. In retrospect, it became clear that the plaintiff was in debt, in 2016 execution proceedings were opened against her, and in 2017 she initiated bankruptcy proceedings (in bankruptcy case 67385-06-17). On March 29, 2020, she received an exemption, but dealing with the complex situation created tension between the parties.
- In addition, the plaintiff used drugs of the medical cannabis type for which she holds a license (Appendix 14, p. 48 to the defendant's exhibits file). This use affected her conduct towards the minor and even created many arguments between the parties. Although the plaintiff claimed that the defendant was also an accomplice in the use of cannabis-type drugs, she did not present any evidence of this, including the exchange of text messages.
- Due to the many tensions and difficulties, the defendant informed the plaintiff that she was considering separation, as shown by the exchange of text messages between the parties dated March 25, 2019 (Appendix 11, p. 38 to the defendant's exhibits file):
The defendant: "I'm tired of commenting on you, I'm tired of being angry with you, I'm tired of being charged with you"