SHARON S BEN-HAIM BEN-HAIM SUPERIOR COURT BERGEN COUNTYOFIR
6-05 Saddle River Rd 225 FILEr) zun FEB 23 Ail 28 Fair Lawn NJ 07410
FEB 2j LUllT2012034106 F2016256377 sharonsbh ilcom ~a~)~Ben-Haim pro se DEPUTY CLERK
SUPERIOR COURT OF NEW JERSEY SHARON S BEN-HAIM individually ) LAW DIVISION BERGEN COUNTY and as guardian ad litem ofOFIR BEN-HAIM )
)
Ben-Haim
) ) )
Docket No bl ~ -I Y v )
) Civil Action NEW ISRAEL FUND a non-profit corporation ) MAVOl SATUM (DEAD END) ) an Israeli non-profit organization ) COMPLAINT AND JURY DEMAND and ) BATYA KAHANA-DROR an individual )
ORR TORAH STONE a non-profit corporation )
YAD LISHA an Israeli non-profit organization ) ZVIA MOSKOWITZ an individual )
) Defendants )
Plaintiffs SHARON S BEN-HAIM an
)~ Date Filed L i L 7 P ---~ayment ___ ___rOO
CA ~ (-
Amount ~ L ~G) payor~~~~~~~ BatchRetl- 1l~
1AIM complain
against defendants NEW ISRAEL FUND MAVOI SATUM _ (DEFJd END)00 =
1 ZVIABATYA KAHANA-DROR OHR TORAH STONE YAD
[2 11
MOSKOWITZ and do hereby set forth and allege
~) -
I ) i
I I
1
PARTIES
1 Sharon S Ben-Haim (Ben-HaimU) an individual has
been a resident of New Jersey since 2004
2 Ofir Ben-Haim (Ofir) is the minor daughter of Ben-
Haim and was born September 10 2009 in Englewood New Jersey
3 Defendant New Israel Fund (NIF) is a California nonshy
profit organization that has provided direct and indirect
financial support to Oshrat Abergel the mother of Ofir who
criminally abducted her from New Jersey to Israel NIFs
registered agent for service of process 1S Steve Rothman and
42 ndits address for service of process is 1946 Avenue San
Francisco CA 94116
4 Defendant New Israel Fund (NIFU) also has 0 ice in
39 thNew York City Located 6 East St Suit 301 New York NY
10016
5 Defendant Mavoi Saturn (DEAD END) is a self-described
Israeli non-profit organization with of ces in New York City
located at 317 Madison Ave Suite 607 New York NY 10017 and
upon information and belief 1S an unincorporated association
operating under the recognized name of Mavoi SatumU or (DEAD
END) and thus may be served by serving a copy of the summons
lSimultaneously with the filing of this Complaint Sharon Ben-Haim has filed an application to be appointed Ofir Ben-Haims guardian ad litem
2
and complaint on an officer or managing agent of Mavoi Satum
which in this case is defendant Batay Kahana Dror NJ Rule 44shy
4 (a) (5)
6 Defendant Batay Kahana-Dror ( Kahana - Dror ) is a
resident of State of Israel residing at Nes Barim 605
rusalem 9988500 Israel and is the founder and chief
executive officer of Mavoi Sum and has appeared as counsel in
courts Israel on behalf of Abergel and as a result of
residing outside of the territorial jurisdiction the United
ates she may be served pursuant to the methods s out in NJ
4 4-4 (b) (1) (B) and (C)
7 Defendant Ohr Torah Stone 1S a New York non-profit
organization located at 155 East 55th reet Suite 303
New York New York 10022 and has provided direct and indirect
finan al support to defendants Yad Lisha and Zvia Moshkowitz
who have in turn assisted Oshrat Abergel (formerly Oshrat
Ben-Baim herein Abergel) through financial support and other
means criminally abduct and kidnap Ofir Ben-Bairn in violation
of a custody order for Superior court of New Jersey
8 De ndant Yad Lisha is an Israeli non-profit
organization that supported the criminal abducted and kidnapping
a US child and citizen from New Jersey Yad Lisha is located
3
at Sheila 7 Tel Aviv - ISRAEL With conne ion to 0 lces OHR
TORAH STONE in New York City located at 155 East 55th Street
Su e 303 New York NY 10022 and upon information and
belief is an unincorporated association operating under the
recognized name of OHR TORAH STONE and thus may be served by
serving a copy of the summons and complaint an ficer or
managing agent of Yad Lisha which this case lS defendant
Ziva Moshkowitz NJ Rule 44-4 (a) (5)
9 Defendant Zvia Moshkowitz (Moshkowitz) is a resident
of State Israel residing Tamar St 19 Shoham Israel and
has appeared on behalf of Abergel as counsel (Loading rabbis)
in the Rabbinical Religious Court of Haifa And as a result of
residing outside of the territorial jurisdi ion of the United
St es she may be served pursuant to the methods set out in NJ
44 4 (b) (1) (B) and (C)
Loadinq rabbis (initials Tor) or claims court is professional modern representation of clients before religious courts in family law
JURISDICITION AND VENUE
10 Venue and jurisdiction are proper in this court because
Ben-Haim is a resident of Bergen County NJ as is his daughter
Ofir and each of the defendants has su icient minimum contacts
wi New Jersey so that to subject them to jurisdiction in New
4
Jersey Superior Court does not offend due process or the
traditional notions substantial justice and fairness
11 Venue and jurisdiction are proper in this court because
the all orders issued om this court
12 The defendants intentional torts were dire ed at the
Ben-Haim in Bergen County NJ and the impa defendants
acts lured and continues to injure Ben-Haim in rgen county
NJ Moreover the defendants have availed and continue to avail
themselves of New Jersey jurisdiction by nancially and
otherwise supporting the criminal abduction and kidnapping of a
New Jersey resident and aiding and abetting the violation of an
anti-suit order issued by the Superior Court New Jersey and
in violation international law
13 NIF donates money to Mavoi Saturn defendant Kahana-
Dror both whom have espoused advanced and took part in the
wrongful actions s forth in this complaint See Exhibit 1
attached hereto
14 NIF donates money to Yad Lisha which has also
espoused advanced and took part In the wrong 1 actions set
forth in this complaint See Exhibit 2 attached hereto
15 Upon information and belief NIF actively conducts fund
raising activities in New Jersey to solicit and receive
5
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
PARTIES
1 Sharon S Ben-Haim (Ben-HaimU) an individual has
been a resident of New Jersey since 2004
2 Ofir Ben-Haim (Ofir) is the minor daughter of Ben-
Haim and was born September 10 2009 in Englewood New Jersey
3 Defendant New Israel Fund (NIF) is a California nonshy
profit organization that has provided direct and indirect
financial support to Oshrat Abergel the mother of Ofir who
criminally abducted her from New Jersey to Israel NIFs
registered agent for service of process 1S Steve Rothman and
42 ndits address for service of process is 1946 Avenue San
Francisco CA 94116
4 Defendant New Israel Fund (NIFU) also has 0 ice in
39 thNew York City Located 6 East St Suit 301 New York NY
10016
5 Defendant Mavoi Saturn (DEAD END) is a self-described
Israeli non-profit organization with of ces in New York City
located at 317 Madison Ave Suite 607 New York NY 10017 and
upon information and belief 1S an unincorporated association
operating under the recognized name of Mavoi SatumU or (DEAD
END) and thus may be served by serving a copy of the summons
lSimultaneously with the filing of this Complaint Sharon Ben-Haim has filed an application to be appointed Ofir Ben-Haims guardian ad litem
2
and complaint on an officer or managing agent of Mavoi Satum
which in this case is defendant Batay Kahana Dror NJ Rule 44shy
4 (a) (5)
6 Defendant Batay Kahana-Dror ( Kahana - Dror ) is a
resident of State of Israel residing at Nes Barim 605
rusalem 9988500 Israel and is the founder and chief
executive officer of Mavoi Sum and has appeared as counsel in
courts Israel on behalf of Abergel and as a result of
residing outside of the territorial jurisdiction the United
ates she may be served pursuant to the methods s out in NJ
4 4-4 (b) (1) (B) and (C)
7 Defendant Ohr Torah Stone 1S a New York non-profit
organization located at 155 East 55th reet Suite 303
New York New York 10022 and has provided direct and indirect
finan al support to defendants Yad Lisha and Zvia Moshkowitz
who have in turn assisted Oshrat Abergel (formerly Oshrat
Ben-Baim herein Abergel) through financial support and other
means criminally abduct and kidnap Ofir Ben-Bairn in violation
of a custody order for Superior court of New Jersey
8 De ndant Yad Lisha is an Israeli non-profit
organization that supported the criminal abducted and kidnapping
a US child and citizen from New Jersey Yad Lisha is located
3
at Sheila 7 Tel Aviv - ISRAEL With conne ion to 0 lces OHR
TORAH STONE in New York City located at 155 East 55th Street
Su e 303 New York NY 10022 and upon information and
belief is an unincorporated association operating under the
recognized name of OHR TORAH STONE and thus may be served by
serving a copy of the summons and complaint an ficer or
managing agent of Yad Lisha which this case lS defendant
Ziva Moshkowitz NJ Rule 44-4 (a) (5)
9 Defendant Zvia Moshkowitz (Moshkowitz) is a resident
of State Israel residing Tamar St 19 Shoham Israel and
has appeared on behalf of Abergel as counsel (Loading rabbis)
in the Rabbinical Religious Court of Haifa And as a result of
residing outside of the territorial jurisdi ion of the United
St es she may be served pursuant to the methods set out in NJ
44 4 (b) (1) (B) and (C)
Loadinq rabbis (initials Tor) or claims court is professional modern representation of clients before religious courts in family law
JURISDICITION AND VENUE
10 Venue and jurisdiction are proper in this court because
Ben-Haim is a resident of Bergen County NJ as is his daughter
Ofir and each of the defendants has su icient minimum contacts
wi New Jersey so that to subject them to jurisdiction in New
4
Jersey Superior Court does not offend due process or the
traditional notions substantial justice and fairness
11 Venue and jurisdiction are proper in this court because
the all orders issued om this court
12 The defendants intentional torts were dire ed at the
Ben-Haim in Bergen County NJ and the impa defendants
acts lured and continues to injure Ben-Haim in rgen county
NJ Moreover the defendants have availed and continue to avail
themselves of New Jersey jurisdiction by nancially and
otherwise supporting the criminal abduction and kidnapping of a
New Jersey resident and aiding and abetting the violation of an
anti-suit order issued by the Superior Court New Jersey and
in violation international law
13 NIF donates money to Mavoi Saturn defendant Kahana-
Dror both whom have espoused advanced and took part in the
wrongful actions s forth in this complaint See Exhibit 1
attached hereto
14 NIF donates money to Yad Lisha which has also
espoused advanced and took part In the wrong 1 actions set
forth in this complaint See Exhibit 2 attached hereto
15 Upon information and belief NIF actively conducts fund
raising activities in New Jersey to solicit and receive
5
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
and complaint on an officer or managing agent of Mavoi Satum
which in this case is defendant Batay Kahana Dror NJ Rule 44shy
4 (a) (5)
6 Defendant Batay Kahana-Dror ( Kahana - Dror ) is a
resident of State of Israel residing at Nes Barim 605
rusalem 9988500 Israel and is the founder and chief
executive officer of Mavoi Sum and has appeared as counsel in
courts Israel on behalf of Abergel and as a result of
residing outside of the territorial jurisdiction the United
ates she may be served pursuant to the methods s out in NJ
4 4-4 (b) (1) (B) and (C)
7 Defendant Ohr Torah Stone 1S a New York non-profit
organization located at 155 East 55th reet Suite 303
New York New York 10022 and has provided direct and indirect
finan al support to defendants Yad Lisha and Zvia Moshkowitz
who have in turn assisted Oshrat Abergel (formerly Oshrat
Ben-Baim herein Abergel) through financial support and other
means criminally abduct and kidnap Ofir Ben-Bairn in violation
of a custody order for Superior court of New Jersey
8 De ndant Yad Lisha is an Israeli non-profit
organization that supported the criminal abducted and kidnapping
a US child and citizen from New Jersey Yad Lisha is located
3
at Sheila 7 Tel Aviv - ISRAEL With conne ion to 0 lces OHR
TORAH STONE in New York City located at 155 East 55th Street
Su e 303 New York NY 10022 and upon information and
belief is an unincorporated association operating under the
recognized name of OHR TORAH STONE and thus may be served by
serving a copy of the summons and complaint an ficer or
managing agent of Yad Lisha which this case lS defendant
Ziva Moshkowitz NJ Rule 44-4 (a) (5)
9 Defendant Zvia Moshkowitz (Moshkowitz) is a resident
of State Israel residing Tamar St 19 Shoham Israel and
has appeared on behalf of Abergel as counsel (Loading rabbis)
in the Rabbinical Religious Court of Haifa And as a result of
residing outside of the territorial jurisdi ion of the United
St es she may be served pursuant to the methods set out in NJ
44 4 (b) (1) (B) and (C)
Loadinq rabbis (initials Tor) or claims court is professional modern representation of clients before religious courts in family law
JURISDICITION AND VENUE
10 Venue and jurisdiction are proper in this court because
Ben-Haim is a resident of Bergen County NJ as is his daughter
Ofir and each of the defendants has su icient minimum contacts
wi New Jersey so that to subject them to jurisdiction in New
4
Jersey Superior Court does not offend due process or the
traditional notions substantial justice and fairness
11 Venue and jurisdiction are proper in this court because
the all orders issued om this court
12 The defendants intentional torts were dire ed at the
Ben-Haim in Bergen County NJ and the impa defendants
acts lured and continues to injure Ben-Haim in rgen county
NJ Moreover the defendants have availed and continue to avail
themselves of New Jersey jurisdiction by nancially and
otherwise supporting the criminal abduction and kidnapping of a
New Jersey resident and aiding and abetting the violation of an
anti-suit order issued by the Superior Court New Jersey and
in violation international law
13 NIF donates money to Mavoi Saturn defendant Kahana-
Dror both whom have espoused advanced and took part in the
wrongful actions s forth in this complaint See Exhibit 1
attached hereto
14 NIF donates money to Yad Lisha which has also
espoused advanced and took part In the wrong 1 actions set
forth in this complaint See Exhibit 2 attached hereto
15 Upon information and belief NIF actively conducts fund
raising activities in New Jersey to solicit and receive
5
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
at Sheila 7 Tel Aviv - ISRAEL With conne ion to 0 lces OHR
TORAH STONE in New York City located at 155 East 55th Street
Su e 303 New York NY 10022 and upon information and
belief is an unincorporated association operating under the
recognized name of OHR TORAH STONE and thus may be served by
serving a copy of the summons and complaint an ficer or
managing agent of Yad Lisha which this case lS defendant
Ziva Moshkowitz NJ Rule 44-4 (a) (5)
9 Defendant Zvia Moshkowitz (Moshkowitz) is a resident
of State Israel residing Tamar St 19 Shoham Israel and
has appeared on behalf of Abergel as counsel (Loading rabbis)
in the Rabbinical Religious Court of Haifa And as a result of
residing outside of the territorial jurisdi ion of the United
St es she may be served pursuant to the methods set out in NJ
44 4 (b) (1) (B) and (C)
Loadinq rabbis (initials Tor) or claims court is professional modern representation of clients before religious courts in family law
JURISDICITION AND VENUE
10 Venue and jurisdiction are proper in this court because
Ben-Haim is a resident of Bergen County NJ as is his daughter
Ofir and each of the defendants has su icient minimum contacts
wi New Jersey so that to subject them to jurisdiction in New
4
Jersey Superior Court does not offend due process or the
traditional notions substantial justice and fairness
11 Venue and jurisdiction are proper in this court because
the all orders issued om this court
12 The defendants intentional torts were dire ed at the
Ben-Haim in Bergen County NJ and the impa defendants
acts lured and continues to injure Ben-Haim in rgen county
NJ Moreover the defendants have availed and continue to avail
themselves of New Jersey jurisdiction by nancially and
otherwise supporting the criminal abduction and kidnapping of a
New Jersey resident and aiding and abetting the violation of an
anti-suit order issued by the Superior Court New Jersey and
in violation international law
13 NIF donates money to Mavoi Saturn defendant Kahana-
Dror both whom have espoused advanced and took part in the
wrongful actions s forth in this complaint See Exhibit 1
attached hereto
14 NIF donates money to Yad Lisha which has also
espoused advanced and took part In the wrong 1 actions set
forth in this complaint See Exhibit 2 attached hereto
15 Upon information and belief NIF actively conducts fund
raising activities in New Jersey to solicit and receive
5
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
Jersey Superior Court does not offend due process or the
traditional notions substantial justice and fairness
11 Venue and jurisdiction are proper in this court because
the all orders issued om this court
12 The defendants intentional torts were dire ed at the
Ben-Haim in Bergen County NJ and the impa defendants
acts lured and continues to injure Ben-Haim in rgen county
NJ Moreover the defendants have availed and continue to avail
themselves of New Jersey jurisdiction by nancially and
otherwise supporting the criminal abduction and kidnapping of a
New Jersey resident and aiding and abetting the violation of an
anti-suit order issued by the Superior Court New Jersey and
in violation international law
13 NIF donates money to Mavoi Saturn defendant Kahana-
Dror both whom have espoused advanced and took part in the
wrongful actions s forth in this complaint See Exhibit 1
attached hereto
14 NIF donates money to Yad Lisha which has also
espoused advanced and took part In the wrong 1 actions set
forth in this complaint See Exhibit 2 attached hereto
15 Upon information and belief NIF actively conducts fund
raising activities in New Jersey to solicit and receive
5
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
donations least two NJ synagogues Congregation Shomrei
Emunah in Mont clair NJ Reform Temple Ner Tamid of
Bloomf ld NJ are sponsors of NIF and regularly host NIF
events where such fundraising has ta place Upon and
information and belief NIF and the other defenda s have used
such funds to commit the acts complained of ln t s complaint
16 Upon information and belief other NIF ctures and
a ivities are organized in New Jersey as for example those
conducted in ass ation with the Amy Adina Schulman Fund The
Jewish er in nceton NJ For example 2011 the
guest speaker at the Jewish Center was Bruce Temkin NIFs NY
dire or
17 Upon information and ief Peter Shap 0 who serves
on Fs Intern ional Council resides of South Orange New
Jersey
18 NIF is registered with the New Jersey Division of
Consumer Affa s Charities Registration Section under
provisions the Charitable Registrat and Investigation Act
NJSA 4517A-18 et S 0 regist ion number 0455800
-binchaht wwwstate
19 In 2012 Ben-Haim previously sued NIF in New Jersey
federal distri cou Civil Action No 212CV351( ) its
6
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
role in supporting rabbis and others in the Israel to create an
environment and system that is anti-male hostile and abusive
to fathers in divorce proceedings Therein Ben-Haim leged
NIF notwithstanding the existence the anti-suit order knew
or should have known that by continuing support to Abergel it
was aiding and abetting her in a criminal enterp se Defendant
Kahana-Dror upon information and belief travels regularly to
the US and to New Jersey to give speeches and to solicit
donations for Mavoi Saturn Because the Defendants intentional
torts were directed at New Jersey and caused an ef ct on a New
rsey resident jurisdiction exists over each of them before
the Supe or Cou New Jersey
INTRODUCTION
20 This is an action by Ben-Haim and his daughter Ofir
who was criminally abduct and kidnapped by her mother Oshrat
Abergel from her home New Jersey to Israel Courts of law
in both Israel and New Jersey have recognized the abduction
21 Abergel was charged with criminal abduction on Aug 9
2012 in State of New Jersey v Oshrat Ben-Haim (Abergel) Case
Number 10-15260 and Indictment No S-1210-12 by the criminal
7
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
of New rs and the County Grand Jury See
Exhibit 3 attached hereto
22 The kidnapping continues as Abergel has never returned
ir to her r in her home state of New sey Abergel
committed cr by holding in Israel and continues to
ate a dire order of the erior Court New Jersey
County which had ordered Abergel to urn Ofir to
ited States by S ember 10 2011
23 Al so a s ares u 1 t continuing c nal act
iling to return Ofir to New sey both State of New
rsey and Inte 01 have issued arrest warrants Abergel See
Exhibit 4 atta hereto
24 On Janu 28 Hon Judge Susan J eel issued an
opinion against hrat Ben-Ha in the Superior Court of New
rsey Docket No BER-L-7551 13 nding Oshrat liable to Sharon
damages from parental abduction A copy the opinion
is attached o as Exhibit 5
25 On y 30 2015 a 1 judgment was entered
aron Ben-Ha against Oshrat -Haim in the Superior Court
New Jersey for the damages s has caused in an amount of
$274616146
8
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
26 The fendants provided and cont to provide
financ 1 and other support to Abergel and have aided and
ab ted and continue to aid and Abergel a known
criminal her continuing abduction of Ofir trating a New
Jers anti-suit order and Interpol warrants and have tormented
and threatened and cont to torment and threaten Ben-Haim and
his family both physically and nancially The defendants
have worked closely with rgel in to de at the New
Jersey or Court order and to successfully separate
Haim his daughter
27 As a result of the defendants action Haim has
lost 1 connection with his daughter As a result -Haim
has suffered reme emotional distress from the loss of his
father-daughter relationship with rand r inabil y to
have any cont with one another Ben-Haim s been
emotionally devastated by this forced separation from Ofir and
Ofir s missed ting to know her and having him
sent during her childhood
28 To stop to s seemingly unending nightmare Ben im
obtained an 1 Suit order from the Superior Court of New
rsey o ing Abergel from aking any further court
proceedings outs of the New sey courts and then obtained
9
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
an order granting Ben-Haim custody of Ofir See Exhibi t 6
attached hereto
29 Despite knowledge of the orders of the court the
defendants through their financial backing of Abergel and
through Kahana-Drors assistance of Abergel in Israeli courts
have blatantly disregarded the anti-suit order the custody
order and have continued on Abergels behalf to defame Benshy
Haim and psychologically torture he and his family before the
Israeli rabbis and the Israeli courts
30 As a result Ben-Haim has brought the instant action to
hold defendants to account for their misdeeds and for the
damages to Ben-Haim and to his reputation Ben-Haim also
reserves the right to add other individuals and entities as
defendants whose identities are currently unknown to Ben-Haim
but who on information and belief continue to financially
support Abergel either indirect ly through the defendants or
directly to Abergel in continuing her criminal abduction of
Ofir
10
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
FACTUAL BACKGROUND AND PRIOR RELEVANT
LEGAL PROCEEDINGS
31 During a Passover vacation in Israel while of Ben-Haim
and Abergel vacationed In Israel Abergel hired attorney Tal
Itkin to file a summons for divorce and equitable jurisdiction
in the Rabbinical Court in Israel on April 7 2010 To
Abergel it had not been a vacation at all but rather a
premeditated act of forum shopping to lure Ben-Haim into a more
favorable jurisdiction for her one in which men are routinely
discriminated against
32 On April 8 2010 Abergel also filed a request to
obtain a ne-exeat warrant against Ben-Haim to prevent him from
leaving Israel and falsely alleged Ben-Haim intended to kidnap
Ofir and run away with her to the United States when in fact
it was Abergel who had been preparing to kidnap Ofir Abergel
and her counsel also intentionally omitted from the documents
used to support the ne-exeat warrant the fact that she and Ben-
Haim were residents of the State of New Jersey Abergels
request for the warrants was argued before rabbinical judges
(known as the Dayanim) an Israeli religious tribunal of
rabbis to have Ben-Haim arrested and to issue ne-exeat
restraining orders to prevent him from leaving Israel While
11
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
ese forums a referred to as so-called a Rabbi cal Courts II
New Jersey courts do not recognize rulings issued by such
entities
33 rthermore e Dayanim have been found to misuse
their religious authority ra udicially in Israel and in
US to emotionally physically harass men l 0 granting
religious divorces Indeed c nal charges have been filed by
t US Attorney in New Jersey federal court against rabbis for
their abduction and physical abuse of Jewish men to forcibly
obtain religious divorces
34 On June 20 2010 Abergel refused to to New
Jersey with Ofir as previously agreed and planned by aim
and Abergel and she remained in Israel The New Jersey
Superior Court and Israeli Supreme Court 1 er ruled
Abergels refusal to return ir amounted to child abduction
35 rgel with the bac ng and support of
defendants waged war in Israel ainst Ben- lm and his ly
fighting un irly and re sing to acknowledge the primacy of
the New rsey courts on custody and divorce
36 On January 28 2011 upon his return to the Un ed
States Haim commenced an action in the Superior Court of
New sey Chance Division ly Part Case No FD-02 906shy
12
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
II seeking an order demanding gel return r to New
sey
37 Meanwhile on May 17 2011 while the Supreme Court in
Israel agreed t Ofir had been abdu ed it deni Ben-Haims
i tion on the technical theory that Ben-Haim consented to
abduction when in fact he was being coerced by Abergel to
negotiate terms r release of the ne-exeat warrants
38 Irnrnedi ely thereafter -Haim sought relief in the
or Court of New Jersey which on August 25 2011 found
e actions of Dayanim in Israel did not warrant comity and
the Israeli courts judgment was irrational and contrary
to the facts Spe fically the held
New Jersey has previously addressed the issue of ecclesiastical court rulings in other jurisdictions and I particularly note Innes v Carrascosa which is 391 N J Supr 453 And in that case the defendant had argued that the religious annulment that she had filed for in Spain first should be recognized
In this case the defendant Abergel filed for ecclesiastical court That court granted her temporary custody And this Court finds that ruling is not to be recognized by the State of New Jersey As in Innes v Carrascltsa the rabbinical court is a religious court whose is ruling not given any civil effect New Jersey case law provides that such rulings should not be recognized and as a result that ruling has no bearing on the decision to be made by this Court
A true and correct copy of Transcript courts is tached hereto as Exhibit 7
true and corre copy of the courts order is attached reto as Exhibit 8
13
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
39 court then orde ir be returned to w sey
by S 10 2011
40 However Abergel s re sed and unable to attack
Ben im In Israel directly has pressured Ben-Haims f ly in
to r har as sand inj ure -Haim and to force h into
ng up his fight for his er On January 6 2012 on
Ben- petitioned for and t court enj oined 1 from
fil or pursuing any action or complaint for divorce child
support or alimony in any including Rabbinical Cou sand
the lian courts of e of Israel other the
Superior Court of New Jersey en County Family The
full is attached as Exhib 6 attached he o
41 On January 7 2013 t court granted a
and awarded Ben-Haim 1 custody of Ofir true and
corre copy of the order is att hereto as Exhibit 9
42 spite these orders as detailed below the s
have provided direct and indi support to Abergel in aid of
her a ions against Ben Haim and his family In harassing
infli ing extreme emotional abuse and defamation and In
support and perpetuation of Aber ls kidnapping of Ofir
43 er the January 2012 anti-suit order s
supported Abergels efforts to pursue actions for divorce child
14
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
support or alimony Israel esently there are three
actions pending the Rabbinical Court in 1 one r
divorce one for alimony and one for a motion for a warrant
There is also an action child support pending in the ly
Court in Nazareth
44 On or before about October 2 2013 Zvia Moshkowitz
(Moshkowitz) of the Yad Lisha aid organization fil a
request a hearing the i Rabbinical Religious Court
regarding mar property on behalf of Abergel On information
and belief NIF provided the funding for Moshkowitzs
resentation of Aber 1 and NIFs own documents rep that
Yad Lisha is a direct rec ient of aid from Defendant NIF as
set forth in Exhibit 2 attached hereto
45 NIF was aware the time t Ofir had been kidnapped
and that Haim had obtained the Janu 2012 anti-suit order
because Ben aim had alleged similar facts in a federal suit
pending against NIF and other defendants
46 Haim sent a cease and desi letter to Moshkowitz
and Yad Lisha s cifically referenc the anti-suit order See
Exhibit 10 attached hereto
47 Ben- im also sent a cease and desist letter to Rabbi
Shlomo Riskin Ohr Torah Organization specifically
15
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
re rencing anti-suit r and demanded that the request
hearing terminated Ohr Torah Orga zation supp s the
Yad Lisha Or nization with donations is collected all
over US See Exhibit 11 tached hereto
48 Defendants Moshkowitz Yad Lisha and NIF iled to
rminate these proceedings and Moshkowtiz made additional
lings and arances on b If of Abergel in defiance the
New Jersey s January 6 2012 1 anti-suit order Kahanashy
has defamed Ben-Haim and caused extreme emotional stress
to Ben-Haims ly by inuing to Isely state on the
record before the Dayanim and Ben-Haim l s family (who had been
summoned to ar) that -Haim was a criminal that he
wrongfully from Israel and that Haims family should
be put in prison and sanctioned monetarily
49 More recently on June 7 2015 Batay Kahana Dror of
Mavoi Saturn obtained authorization to resent Abergel in the
yanim of Hai Case No 5897991 On formation and belief1
F provided e funding Kahana- s representation of
Abergel and NIFs own documents report that defenda Mavoi
Saturn lS a dire recipi of aid from fendant NIF as set
rth In See Exhibit 12 ached hereto
16
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
50 Since fendants have aided Ab I to continue
using the Rabbinical Cou to put additional pressure on
Haim by threatening to jail his mother er and sister
unless he drops his efforts to rain his daughter and provided
the religious divorce (a get) to Abe el in Israel
51 As a result of these statements Ben-Haims mother
became so straught and panicked th she came ill and had to
be hospitaliz
FIRST CAUSE OF ACTION
Intentional Interference with Custody
Ben im adopts and realleges all pr ous allegations
with same force and feet as if fully set h here
53 The defendants have been on notice of and are aware of
the New Jersey courts January 6 2012 order oining Abergel
proceeding th any claims divorce alimony or ild
support in Rabbinical Courts or any other courts of Israel
(see exhibit 6) That notice is on file with Rabbinical Court of
Hai Case No 5897991I
54 Thus I Defendants have been on direct notice the
existence of the courts order since its inception
defendants gave substantial nancial and other assistance and
17
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
encouragement to Abergel as she refus to abide by the custody
orders of the New Jers Superior Court and return ir to
fathers custody Thus endants actions have aided and
abetted Abergels kidnapping Ofir thereby causing injury to
Benshy
55 a proximate result of one or more of se
intentional a s Ben has s red damages in an amount to
be proven at trial Moreover the a ions by defendants have
injured Ben im by cing him having to respond and oppose
improper and invalid proceedings in the Rabbinical Court of
ifa and Nazareth Family Court Consequently Ben-Haim has
suf damages in an amount to be proven at trial and has
incurred necessary attorney fees in an amount to be proven at
trial Moreover cause these acts were int ional and
malicious punitive damages are warranted
SECOND CAUSE OF ACTION
Defamation and Libel Against All Defendants
56 Ben- 1m adopts and real leges all previous allegations
with the same and ef ct as if lly set rth here
18
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
57 On or about June 2015 Kahana-Dror with the support of
NIF and Mavoi Satum gan a malicious campaign of character
assassination against Ben- im and his family members
58 Beginning W1 statements ma to e Dayan Kahanashy
Dror falsely accus Ben im of criminal condu cla ng that
he fl from Israel and that he V1 ed court 0 rs However
inasmuch as the Rabbinical Courts are religious tribunals on or
about August 25 2011 NJ Sup Court had decla the
Rabbini Cou s actions and judgments were not recognizable
or enforceable in the State of New Jersey Because rabbinical
courts are not recognized under NJ law traditional immunities
would apply to defamatory atements made in US judicial
pro ngs are not applicable
59 In or around September 2016 Kahana-Dror continued her
malicious character assassination campaign against Ben- 1m and
his ly members On September 13 2016 Kahana-Dror
published Ben-Haims name on Channel I and on Radio B 1n
Israel and Isely accused him of criminal condu that he fled
from Israel and violated court orders
60 On October 7 2016 Ben- im filed a complaint against
Kahana Dror W1 the Israel Bar Association Jerusalem District
Ethics committee Case No 16321 publishing -Haims
19
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
name on Channell and on Radio B in Israel and sely
accusing him of criminal conduct and that he fled from Israel
Ben-Haim compl ned that she vi ated pr leged court Sup Ct Of
Israel orders that the case was not for publishing until the
court g a final judgment
61 On Jan 8 2017 the Israel Bar Association- rusalem
strict Ethics Committee smissed the case but gave to Kahana-
Dror the following on her
However the Commdttee notified attorney Batya Kahana-Dror that in view of the fact that the proceedings in the Supreme Court are conducted behind closed doors there is something violation about the fact that in an interview given on the radio program Waves of Israel the names of parties whose names are confidential were mentioned thereby collaborating with however indirectly a breach of a judicial order with regard to confidentiality
62 On Jan 22 2017 -Haim appealed to the National
Ethics Commit about not taking dis inary a lon against
Batya Kahana-Dror and has still has not been provided a
decision
63 Kahana-Dror and Mavoi Saturn organization knowingly and
maliciously disseminated to the Rabbinical Dayanim in Haifa
Isra that Ben-Haim was a criminal however said statement was
false misleading and injurious to the Ben-Haim
20
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
64 Kahana by publishing statements accusing Ben- im
of criminal conduct committed libel per se
65 Kahana Dror acted will ly mali ously and wantonly
reckless disregard of -Haims rights liberties and with
intent to injure the Ben-Haim
66 Kahana-Dror by publishing other statements about
Haim with knowledge of their lsity has entionally caus
Ben-Haim to su damages here in New sey including but not
limited to loss reputation in community and the refusal
of others to age with him in business
67 a proximate result of these int ional acts and the
infliction of emotional distress Ben- im has suffered damages
in an amount to be proven at trial and has incurred necessary
attorney fees in an amount to be proven at tal
68 cause these a s were intentional punitive
dama s are warranted
THIRD CAUSE OF ACTION
Intentional Infliotion of Emotional Distress Against All Defendants
69 Ben-Haim repeats and realleges all previous aIle ions
with the same force and effe as if lly s forth reinf
21
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
70 Abergel engaged defendants Kahana and Mavoi Saturn
to maliciously torment and financially t -Bairn and to
threaten Ben-Bairn and cause him grief and agony through improper
and illegal means while defendant NIF p the necessary
funding for Kahana-Drors and Mavoi Saturns condu
71 NIF Kahana-Dror and Mavoi knew or should have
known there existed a high probability continuing
abduction of Ofir in Isra and t compl e s ng of the
paternal relationship between and r prevention
of Ben-Bairn from returning horne to New and the repeated
assaults on Ben-Bairn and his character and ity ln the
Rabbinical Court and the Family wou resu in severe
emotional distress to Ben-Raim
72 Defendants intentional a ions consti ed extreme and
outrageous conduct designed to termi n- ims relationship
with Ofir his child
73 Defendants actions alienat n 1 bond and
affection that should exist between and s daughter
and caused Ben-Bairn severe and extreme ional distress Ben-
Raim suffered depression anxi y sl tion and other
emotional and psychological damage as a resu his alienation
from Ofir
22
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
74 Defendants conduct was so outrageous in character and
so extreme in degree as to go beyond all possible bounds of
decency and to be regarded as atrocious and utterly
intolerable in a civilized community
75 As a proximate result of these intentional acts Benshy
Haim and Ofir have been completely alienated from each other
since June 20 2011 Ben-Haim has been prevented from sharing
in his daughters life in any meaningful way He has suffered
countless sleepless nights and his mental and physical state has
deteriorated as he has tried in vain to have Ofir returned
despite Abergels efforts
76 Ben-Haim has been prevented from having any contact
with Ofir since September 1 2011 and has had absolutely no
role in her life her upbringing or her education
77 As a result of losing his business due to the extreme
emotional distress caused by his alienation from Ofir Ben-Haim
now works for minimal wage
78 Defendants knew or should have known that there existed
a high probability that the continuing abduction of Ofir In
Israel and the complete severance of his paternal relationship
with Ofir the prevention of Ben-Haim from returning home to New
Jersey and the repeated assaults on Ben-Haim and his character
23
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
and integrity in the Rabbinical Court and Family Court would
result in severe emotional distress to Ben-H
79 The emotional distress has fered has
been severe and no reasonable person could be ected to endure
it
80 Because these acts were malicious and intentional
punitive damages are warranted
FOURTH CAUSE OF ACTION
Civil Conspiracy Against All Defendants
81 Ben-Haim repeats and realleges all p ous al gations
with the same force and effect as if lly s herein
82 The defendants engaged er planned and
collaborated in devising a scheme and campaign to aid and abet
Abergel in breaking the law by abdu ing and kidnapping Ofir
Ben-Haim and refusing to return her to -Ha
rance of the83 The defendants took acts in
scheme by providing direct and indire financial support to
Abergel and illegally uSlng judicial ocess in Israel to
frustrate Ben-Haims efforts to have r ret to NJ as
ordered by the courts
24
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25
84 The defendants acts in furtherance of their scheme
were independent wrongful acts that gave se to counts 1 4 of
Ben-Haims complaint and the damages asse ed therewith
Consequently the defendants are liable to Ben-Haim for civil
conspiracy and for compensatory and punitive damages in an
amount to be proven at t al
PRAYER FOR RELIEF
WHEREFORE Ben-Haim requests judgment against Defendants
for at least $26000000 in compensatory damages and $1000000
for every year that Ben-Haim and 0 r his daughter have been
separated from each other plus punitive damages plus
attorneys fees costs of suit and any other relief the Cou
may deem just and proper
Dated February 23 2017
~ tn-HasqA Plaintiff Pro se
25