The father lost: 6-year-old boy ordered to study in a religious school
As part of the separation proceedings between the parents, the father requested that their son continue in a secular framework. However, a judge relied on professionals and accepted the request of the religious mother.
The Family Court in Hadera recently ruled that a 6-year-old child will begin the upcoming school year in a religious institution, despite his father's opposition. Judge Einat Gilad-Meshulam granted the mother's request, citing the proximity of the state-religious school to her residence and the recommendation of professionals that this would serve the minor's best interests.
The child suffers from a developmental delay and is currently educated in a secular kindergarten. As he prepares to enter the first grade, a dispute arose between his religious mother and secular father regarding the nature of the institution he should attend, leading to the court's intervention.
The mother explained that the state-religious school is located only about 200 meters away. She noted that she lacks personal transportation and that her son stays with her most of the time. According to her, the secular school the father prefers is about five kilometers away, which would force the child to "cross main roads" and take unnecessary risks. She reassured the court that the school is not "Haredi" and that her son is excited to study there with his friends from kindergarten.
However, the father argued that the child should continue in a secular framework. He disputed the mother's claim that most of the child's friends would move to the religious institution, citing a survey suggesting 80% are expected to move to a secular school. The father expressed concern that his son would feel like an outsider in a religious environment, as he does not wear a kippah or tzitzit, and warned that this could lead to parental alienation.
Nevertheless, the social worker and the legal guardian appointed to represent the minor noted that the child is "excited" about starting first grade in the religious school and expressed no interest in the secular one, claiming he had seen "children hitting each other" there.
Judge Gilad-Meshulam adopted their positions:
"This is a minor who knows how to express his feelings and thoughts. His wish was expressed and it aligns with his best interests. Proper weight should be given to his wish, certainly when it aligns with the examination of the professionals."
She rejected the father's fear that his son would feel like an outsider, noting that the child "contains within him both a secular lifestyle and a traditional/religious lifestyle," which dispels concerns about his adaptation. Finally, the judge addressed the logistical considerations: "There is no dispute that the mother is not mobile and the minor stays more at her home; therefore, this logistical consideration constitutes a significant reason in ensuring the continuity and convenience of the minor's arrival at the educational institution." Consequently, she ordered the immediate registration of the child in the religious institution.
