"If the couple has a child together and the joint child is in the custody of the foreign spouse or the foreign spouse maintains a close and continuous relationship with him and takes care of his food and needs, a professional opinion on behalf of a legal social worker/social worker, a public servant in a local authority or an employee of a government ministry will also be attached that the foreign spouse's departure from the country will significantly harm the child."
- In light of the above, it appears that the manner in which the best interests of the child are examined is regulated with regard to children who are about to be deported, with only partial adoption of the Ministry of Justice's directives, as well as partially in the case of a humanitarian committee for the residents of the area in accordance with the Temporary Order. In other cases, there are no provisions regarding how to examine the best interests of the child. The Authority's procedures do not provide an orderly and uniform response to the manner in which the best interests of the child are examined. This is contrary to the provisions of the Convention and its interpretation by the UN Committee. The Authority does not act to examine the best interests of children in all the procedures for appealing in an orderly and uniform manner, and in many cases, as in the case before me, it does not examine the best interests of the children individually as required.
- The Authority was called upon to settle this matter, but did not do so. Not in the case before me, and not in the case of Osman. The opposite is true. In the Kunda case, the parties in the Supreme Court agreed to act in the best interests of the child in accordance with the procedure dealing with the removal of children from Israel, when the Authority deliberately refrained from regulating this matter. I will reiterate that policy principles outlined through internal procedures (as well as internal guidelines) have many advantages. The implementation of policy principles through procedures and guidelines contributes to equality - since acting in accordance with guidelines and procedures ensures similar treatment in similar cases. Above all, the use of internal guidelines and procedures ensures legal certainty. Such use allows the individual to adjust his expectations in advance, with regard to the legal proceeding he conducts vis-à-vis the authority (Yoav Dotan, "The Obligation to Establish Administrative Rules", Mishpatim 23, p. 449 (1994). This is because internal guidelines and procedures often constitute a criterion for examining the Authority's decision. With regard to the best interests of children, such a procedure will also assist in the realization of Israel's obligations under the Convention on the Rights of the Child.
In the case before me, not only did the Authority not formulate such a procedure, it also did not examine the best interests of the children in the concrete case, and thus also violated its duty to act with equality.