GH
Courts aren’t nuanced enough to understand the differences in frumkeit. Try explaining the difference between satmar and misnagid to a non jew and you will get a blank stare.
Joseph
I still find that position untenable. The agreement is based on an understanding that the agreed upon arrangement is “better”. Ex That frum is better then not frum. And what court would agree to that? Why would they subject the kid to abide by an arrangement that they (the non religious court) doesn’t agree with?
The only way would be for psychologists to say it would be damaging. But for every frum psychologist who would say yes, there is an atheistic psychologist who would say it’s not damaging.