Repentance before or after divorce
Repentance refers to the transition of a secular person to a religious faith and lifestyle. Given the possible conflict between the secular and religious views, the process of repentance can have significant effects and may cause a rift between the couple to the point of initiating proceedings. Divorce.
Other times, and without any connection, after the divorce, one of the parents, the father or the mother, decides for their own reasons to repent.
Such a move directly affects the lifestyle of the joint children in many ways that require consideration within the framework of visitation arrangements between the parties, child support payments, and decision-making regarding the lifestyle of the children – one of whose parents has decided on a fundamental change in his lifestyle.
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In the following ruling, the rabbinical court ordered the woman to obtain a divorce from her husband because her failure to repent was causing disputes between them: Rabbinic file 358889-1 So-and-so n So-and-so – The couple married in 1981 and had two children.
In 2008, the father filed a divorce suit in the Rabbinical Court and included in this suit the following issues: The foods and the property.
The husband claimed that his wife was interfering with his religious lifestyle since he converted because she was absent from home at night and violated the Sabbath.
The woman refused to divorce her husband and asked to arrange a domestic peace between them. Rabbinical Court Judge Rabbi Ahiezer Amrani ruled that since the process of repentance, the relationship between the parties has been in conflict, and although the woman in this case does not fail her husband in the prohibitions that require a divorce according to Halacha, in light of his desire for a different lifestyle, a divorce can be granted to the woman even against her will.
Repentance and the issue of custody
One of the important issues discussed in divorce proceedings is custody of the couple’s children. Custody is determined in such a way that visitation arrangements are created for the non-custodial parent.
Often, in order to decide on custody, when there is no agreement between the parties, the Family Court uses welfare officers and the reports submitted by them to decide on the individual’s ability to raise their children.
Here it is important to emphasize that, in general, welfare authorities cannot decide which way of life, religious or secular, is preferable for the child.
The emphasis of the parties involved relates more to examining whether religious worldview considerations constitute part of the legal strategy in divorce proceedings that aims to distract from the main issue – The child’s best interests And not the arguments between his parents.
For these reasons, the court is sometimes required to walk between the lines and find creative arrangements in order not to further complicate the reality of the minor’s life.
Thus, in the following ruling, the judge decided that the son would stay with the mother and the daughter would go to her father.. TAMSH 14363/01 So-and-so n So-and-so – The couple divorced in 2002 and it was initially determined that custody of the children, a son and a daughter, would be with the mother.
On time Divorce proceedings The mother began to repent and it was agreed that the parties would respect the mother’s different worldview even during the children’s visits to the father.
After the father noticed his daughter’s behavior that exceeded the norm for her age, he asked to transfer custody of her to him.
The lawsuit claims that the mother decided to take a variety of unilateral actions contrary to what was agreed upon between the parties and contrary to the best interests of the children. Regarding the daughter, it is claimed that the deterioration of her mental state requires the transfer of custody to the father.
Judge Home Family Law In Tel Aviv, Ella Miraz determined that, based on the social worker’s reports and the psychodiagnostic assessment they conducted, custody of the daughter would be transferred to the father. As for the son, despite the behavioral problems that were diagnosed, she left custody with the mother but determined that he would receive the appropriate psychological support.
Similar to what was mentioned above, in the following ruling, the mother’s appeal against the granting of custody of the child was rejected. In requesting leave to appeal, Bara 125/08 Magi N Tzachi – The mother’s request for leave to appeal the decision of the Family Court in Kiryat Shmona, which ordered the transfer of the son from the mother’s custody to the father’s custody, was discussed.
The parties were married in 2001 and shortly after the birth of their son, the couple separated and the mother began the process of repentance. During the repentance period, the mother moved from her place of residence in Safed to a settlement in the West Bank, contrary to the decision of the Family Court, which prohibited her from moving her place of residence until a ruling was issued on the custody issue.
The Family Court in Kiryat Shmona ruled in the first instance that the child’s best interests lie in his transfer to the father and the establishment of visitation arrangements. In the request for leave to appeal to the District Court, the applicant argued that the Family Court should have conducted a more in-depth examination.
Nazareth District Court Judge Aytef Al-Alabuni ruled that the decision of the previous court should not be interfered with because the findings in the welfare officer’s report show that it is in the child’s best interest to be with the father.
Repentance and the education of the children together
Another problem that arises when divorce proceedings are underway and one spouse converts is the desire of that spouse to change the child’s educational framework. This change can be from secular to state-religious education or even to ultra-Orthodox.
Therefore, it is very important to determine in the divorce agreement how decisions will be made regarding the education that the children will receive.
The spouse who does not repent can, in the event of a violation of the divorce and custody agreements, apply to the Family Court to decide on the matter of education and at the same time request a change in custody arrangements.
One of the basic principles that the court considers when making these decisions is the best interests of the child. This principle can sometimes conflict with the wishes of the parent who has changed their lifestyle.
The following ruling illustrates a conflict between the parties regarding the education of the children after their mother converted, when the court ruled that they should not be transferred to the strict framework of Torah education.
TAMSH 79184/98 A.A. N. K.E..- A father’s claim to change the school where his minor daughters attend. The couple married in 1995 and had two daughters. The lifestyle they led as a couple was secular.
In 1998, the two decided to divorce and signed a divorce agreement in which it was determined that decisions regarding the girls’ education would be made between both parents and that the girls would receive their primary education in a secular school.
The mother, who began to convert after the divorce, at one point requested to enroll the girls in a school with an ultra-Orthodox Torah education rather than a secular education. All this without their father’s consent.
Family Court Judge in the Tel Aviv District, Shaul Shohat, ruled that the girls who had converted to Judaism would not be transferred to a school run by an ultra-Orthodox educational network.
He based his decision, among other things, on the impression that the differences between the couple were greater than the educational framework alone, and determined that although the girls would not be transferred to an ultra-Orthodox setting, the father must allow the girls to maintain their new religious lifestyle when they visit him.
In light of the great difficulty in these issues, it is important Contact a lawyer with experience in family law. Knowledgeable in legislation and case law to help plan the most appropriate legal strategy based on the circumstances of your case.
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