The right to access legal venues is a cornerstone of the Israeli judicial system, yet in family law, it can become a problematic tool. Attorney and mediator Rina Politi points to a phenomenon where legal proceedings are filed not to resolve a genuine dispute, but as a means of exerting pressure, exhausting the other party, or causing economic harm. According to Politi, these disputes can rapidly escalate into a series of claims and motions, where the financial burden is ultimately borne by the entire family, often directly harming the children's welfare.
For years, family courts have avoided awarding high legal costs, aiming to avoid exacerbating conflict between spouses. However, Politi warns that this reluctance may create a negative incentive. When there is no real fear of deterrent cost awards, the tendency of litigants to file baseless claims becomes easier. A frivolous claim is defined as a proceeding that lacks a real factual or legal foundation, or one filed in bad faith, sometimes before the conditions justifying the initiation of the process have matured. Politi describes a case where a claim for enforcement of an agreement was filed before the relevant date, with the plaintiff stating that the goal was to inflict financial damage on the opposing party. The court clarified in that case that such proceedings are undesirable and even imposed financial costs on the plaintiff.
The economic gap becomes even more complex when one side uses legal aid while the other bears heavy private representation costs. Politi emphasizes that awarding costs in appropriate cases is not a form of punishment, but a deterrent tool intended to prevent abuse of the judicial system. At the same time, it is noted that not every dismissed claim constitutes a frivolous one; if a party acted in good faith and attempted to reach agreements, there may be no justification for imposing a significant financial charge. The bottom line from this analysis is a call for responsibility. Before filing a legal proceeding in family law, Politi recommends carefully examining whether there is a real cause and whether the dispute can be resolved through alternative tools like mediation or negotiation. Protecting financial resources for the benefit of the children should remain at the forefront of parents' minds, in order to avoid a needless and exhausting legal path.