British Appeals Court Says Mother Can Move Children From Charedi To Modern Orthodox Jewish School

In Re G (Children), (ECWA, Oct. 4, 2012), the England and Wales Court of Appeal affirmed a trial court's decision settling a dispute over the religious education of the children of an Orthodox Jewish couple who had separated after their marriage broke down.  Both the mother and father had come from the Hassidic community. Both parents agreed to the trial court's order that the 5 children (3 girls and 2 boys) live with the mother, and that the father have extensive contact with them. The court sided with the mother who wants to move the children from a Charedi (ultra-Orthodox) school to a Modern Orthodox Jewish school so that they can "have opportunities she did not have, and the father did not have, to study for A levels and go to university if they want to, and to get jobs and support themselves." The father objected to the change in life style this would create for the children. the Court of Appeal, in siding with the mother, said in part:

First, we must recognise that equality of opportunity is a fundamental value of our society: equality as between different communities, social groupings and creeds, and equality as between men and women, boys and girls. Second, we foster, encourage and facilitate aspiration: both aspiration as a virtue in itself and, to the extent that it is practical and reasonable, the child's own aspirations..... Third, our objective must be to bring the child to adulthood in such a way that the child is best equipped both to decide what kind of life they want to lead – what kind of person they want to be – and to give effect so far as practicable to their aspirations. Put shortly, our objective must be to maximise the child's opportunities in every sphere of life as they enter adulthood. And the corollary of this, where the decision has been devolved to a 'judicial parent', is that the judge must be cautious about approving a regime which may have the effect of foreclosing or unduly limiting the child's ability to make such decisions in future.

The Telegraph reports on the decision.