New York – In a surprising ruling, a Brooklyn appeals court struck down an earlier ruling that had awarded a Chasidic man sole custody of his children after his openly gay ex-wife violated the religious upbringing clause spelled out in their divorce agreement.
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The Daily News reported (http://nyp.st/2vLociq) that Naftali Weisberger won a three year legal battle with his wife Chavie who abandoned her Chasidic lifestyle after the couple’s marriage disintegrated in 2009.
Weisberger sued for full custody of the couple’s children, then ages five, six and eight in 2012, arguing that his ex-wife had violated the terms of their divorce which stipulated that Chavie Weisberger give her children a strict religious upbringing.
Weisberger said that this wife cut off her son’s payos, forced their children to watch a movie about alternative lifestyles, was living with a transgender man and had told their oldest child that she was attracted to women.
Chavie Weisberger, who serves on the board of an organization that supports gay rights in the Jewish community and is a staff member with Footsteps, appealed that decision and had custody restored last month.
According to the terms of the decision, Chavie Weisberger is required to continue sending her children to Chasidic schools and to allow them to practice their religion freely when visiting with their father on weekends and Jewish holidays.
The three judge appeals court wrote in its decision that the religious upbringing clause should not interfere with a parent’s right “to express oneself freely.”
“The nature of the evidence does not support the conclusion that it is in the children’s best interest to have their mother categorically conceal the true nature of her feelings and beliefs from them at all time and in all respects,” wrote the judges.
Meshuga
This case does not “prioritizes alternative lifestyle over religious rights;” As uncomfortable as it is, we need to assess it accurately. What it does is prioritize a mother’s rights, making all other issues secondary.
At the same time, the Court is requiring the mother not to interfere with the boy’s practices and yeshiva education.
None of this should surprise anyone. We live in a secular society that on balance greatly benefits religious minorities
Personally, I’d be surprised if this works…and I bet the case isn’t over.
Which chassidic schools should accept the children? I would not want these children in a classroom with my children, and I do try to be open minded. These children are dealing with too much craziness!
For too long our communities have cynically abused the family courts system to enslave people and dictate their behaviors.
This ruling hopefully marks a turning point for the countless fathers and mothers in the frum community who are cruelly denied the right to have genuine relationships with their children.
Forget religion, what sane parent discusses their own personal sexuality with their eight year old child? This woman is either crazy or a sicko lowlife and unbefitting for parenthood under any standard.
the real story;
1. this mother is a bas kedoshim, who the satan has really got hold of
2. numerous negotionas and compromises were offered to spare the kids ….and avoid a fight
3. the husband is remaaried and trying his best
4. the kehila has put in hundreds of thousands to provide these innocent neshomos with chinuch, housing, therapy….
5. bh they are in good mosdos
6 the avi hayesomim will have rachmonus…they are his children
7. the court decision is bad and sets a precedent..but there are a number of clauses that limit the damage bottom line is this judge erred in the sense that the court strongly considers the ” religious upbringing to be paramount.. the question is not how the mother should live and even under the old agreement she had visitation….
> Weisberger said that this wife cut off her son’s payos, …
The court document is on the web. The list is a lot longer – feeding non-kosher food, movies about Christmas, chillul shabbos, etc.
Do you know Chavie? Do you have any idea what an amazing mother/friend/human being she is? How dare you call a total stranger insane? Loshon hora and rechilus isn’t in your shilchun aruch?
The courts (with the guidance of psychological experts) have determined that her being genuine about herself with her children cannot possibly harm them. Please think before you speak.
As a child there wasn’t any Jewish school in my town so I had to attend public school. One day a little girl joined us, very quiet & scruffy, she was living in a children’s home. I felt sorry for her so we became friends and one day she told me she couldn’t live with her mother because her mother was in jail for shooting her sister’s boyfriend.
My father was a very frum man but he encouraged me to bring this little shiksa home so she could have a decent meal, play with my toys and have some sort of reprieve from her miserable life.One day she wasn’t in school and I never saw her again.
“Ina” – to be so cruel to yiddishe kinder is just horrible. If my parents could allow me to bring a non-Jewish child into a frum home to help her get through the trauma (this was way before therapy was popular) how come you can’t find it inside your heart to want to help these children.
There are ways to save them. Remember Shai Fima?
Anyone who thinks that these poor kids will grow up NORMAL is insane.
These kids without a doubt are messed up for the rest of their poor life.
So I have to be a “nice” Jew and accept kids in my innocent childrens class that theyre mom is openly despicable and has a filthy no person for a friend. I hear. This is NOT ahavas yisroel. The world is filthy as it is& we can never b sure enuf that our kids dont have interaction w terrible views these kids are privy of. Ahavas yisroel means to befriend unfortunate erlicha kids. Pf course these kids need compassion but Il tell u about a girl in my kids class in a similiar situation that got compassion yet brought filthy pcs of reading material to school and all the works and the tragic end was that she turned against society and were still all suffering from her. This wicked mom shld suffer and see meet hell. Nobody shld say shes a bas yisroel w a big heart. Shes a filthy individual unworthy of any compassion. Poor father and kids and shame to our disgusting legal system.
Perhaps the ex husband should claim to be a transgendered female to male or a gay man. Maybe than the court will have to decide between Lesbian rights versus Male Homo rights. If he can somehow pose as a black female transgendered Lesbian that would probably sway the judges in his favor. Trying to be a Frum Jew in a Sodomite court system is a lost cause.
What do you think is the mother’s intention with exposing her desires, non-kosher food etc.? Does anyone get it?
I don’t think this post belongs here altogether. This is a private family matter, and these kids deserve some privacy and dignity, without our input.
‘reshoim afili al pischay gehenom einom choizrim’. We see whats going on with these devastating hurricanes 3 in one shot, flooding just like the mabil, and the rashoim over here are still defending these who bring a mabil al hauretz!!!!