Religion within secular Law

Ordinarily religion and state is considered separate. Therefore Court does not apply religious factors. However in custody proceedings, the Court must consider  the best interests of children. Continuity and stability are within these parameters, which means that previously established continuous and strong links to a religious faction, whether Hindu or Jewish, may be considered in an overall determination. The extent to which it may be considered varies greatly with the most recent court of appeals decision in NY (Gribeluk) affirming such religious connections as an (indirect) very important factor. However it remains to be seen whether this will set a definitive trend.

‘Get’ Law

By specific statue, a plaintiff in an action where the respondent requires a jewish divorce in addition to a secular divorce, is compelled to give such jewish divorce (‘Get’). The reasoning is that the plaintiff voluntarily commenced proceedings and should not be permitted to restrain the spouse involuntarily.