New York State Supreme Court Justice George M. Carney ruled here this weekend that an Israeli woman, previously married to an American, must be permanently enjoined from removing to Israel her two daughters from her first marriage because their father is an American and they were born in the United States.
The case involves Mrs. Rozi Marash, and Israeli citizen whose second husband is Joshua Marash, also an Israeli and an employee of El Al Israel Airlines; the woman’s first husband, Robert Wechsler, from whom she was divorced in 1963; and her two daughters by Mr. Wechsler, Jessica, 9 and Maura, 6.
After the divorce of the Wechslers, and prior to their remarriage — Mr. Wechsler has also married again — the mother obtained custody of the children, while the father had rights of visitation. Recently, Mr. Marash was reassigned by his employers to a post in Israel, and his wife wanted to take Jessica and Maura with her to Israel. Mr. Wechsler complained and had been previously granted a temporary injunction against the removal of his daughters to Israel.
In making the injunction permanent, Justice Carney stated he found it difficult to separate the daughters from their mother. However, he ruled, the children, as American citizens, “are entitled to be brought up as such. They are entitled to the many benefits they can receive here in the land of their birth, which cannot be afforded them in any other country, including Israel.”
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
