Reply To: Enforcement of gittin in civil court custody cases in New York

Frum and Mentch et. al.

I think each of you makes the same valid point and properly distinguish between what a frum yid would want the outcome to be versus what the secular courts will rule as a matter of civil law. Joseph can rant all he wants about the absence of moral equivalence between Yiddeshkeit, Christianity, various sects of Islam etc. or atheism but the courts should not affirm even “voluntary” belief or religious thought commitments as “enforceable” components of a filed agreement. Would an agreement to raise the children in a chassidish environment be violated if one of the parent suddenly became a misnaged? What about a Satmar couple from Willy who diviorce but agree to continue to raise their children in accordance with the hashkafah of Zalman Leib . However, the wife then remarries a Zalmanite and moves with the children to KJ where the husband will not venture? Is that a violation of the agreement that the court will enforce? What about the leftist couple who met in college whose car had the Obama bumper stickers, where they diviorce but agree to maintain a “politically progressive” home environment for the kids. Then the husband suddenly becomes a Trumpkopf wearing MAGA baseball hats? Does the judge throw him in jail or curtail his visitation rights. Courts will NOT enforce agreements that curtail (even voluntarily) protected rights to freedom of thought, religious belief etc.

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