By Yechiel Spira for the Yeshiva World News

ISRAEL [YWN] — Once again, Israel ultra-libertarian High Court of Justice has ruled in favor of tearing children away from yiddishkeit, ordering the return of two children, members of the Chabad community, to their non-Jewish father. In this case, the Hadera Family Court and the Haifa District Court which heard the appeal felt there would be “no significant harm” to the children by sending them to France, to live with the non-Jewish biological father. The High Court did not overrule the decision of the lower courts.

Israeli Court Gives Chabad Kids to Non-Jewish Father

By Yechiel Spira for the Yeshiva World News

ISRAEL [YWN] — Once again, Israel ultra-libertarian High Court of Justice has ruled in favor of tearing children away from yiddishkeit, ordering the return of two children, members of the Chabad community, to their non-Jewish father. In this case, the Hadera Family Court and the Haifa District Court which heard the appeal felt there would be “no significant harm” to the children by sending them to France, to live with the non-Jewish biological father. The High Court did not overrule the decision of the lower courts.

The story unfolds in the Ramat Tzvi neighborhood of Zichron Yaakov this past Thursday as Israel Police officers and social workers appointed by the court arrived, along with a film crew from France’s TF1, to remove the two innocent neshamas from their mother’s arms.

The officials placed the children in the Hertz rented car as neighbors looked on, some crying, including the area Chabad shaliach Rav Freiman, horrified with the realization that these young innocent children are being torn away from their frum lifestyle, their mother, Eretz Yisrael, to be sent abroad to live with a non-Jew, as ordered by Israel’s highest court.

The friends of the children were playing nearby, unaware of the harsh realities taking place, kept a distance by police. The mother collapsed, unable to endure the sight of what was taking place.

It is difficult to believe this story gained such notoriety, even involving French President Nicolas Sarkozy, but at home, once again, the High Court has decided against the Jewish parent, as has been the case many time when children have been ordered taken from Jewish mothers to honor Islamic law, which determines the religion of a child by the father.

The story began seven years ago, when Lior Gonen, a resident of Kibbutz Magan Michael traveled to France for a film festival. The visit resulted in her involvement with a non-Jew, and a first child was born. This followed trips back and forth between France and Israel, as well as a civil marriage in Cyprus.

The family lived in Lior’s kibbutz for five years, and in 2006, they returned to France for a one-month visit. After being refused another request to leave kibbutz for vacation, Lior and her husband announced they would be leaving, taking their payout money and then heading to France, where life was difficult. Mom returned in 2008 and decided to give birth to their second child here. When her husband appeared in Israel for the birth, he was served with a court order prohibiting him to come near her, as she maintained he was abusive.

Citing the Hague Convention, the dad requested from the family court to have his children returned to France, also citing his wife did not even bother to inform him of the birth of their second child. In the midst of their travels, the mom decided to return to the fold and she became a member of the chareidi community, further complicating matters perhaps.

The family court stated allegations of cruelty were not established and the court gave little credence to testimony from members of the mother’s family, that taking the children away would cause them irreparable emotional damage. This opinion was also accepted by the Haifa District Court and ultimately, the High Court of Justice.

Some of the kibbutz members went so far as to say she “despises chareidim” but felt by joining the community, if the courts are against her, the chareidim would side with her since the father if a goy.

The father first took his case to a French Court and then, only in Israel, was he able to emerge with a ruling in his favor, against the mother of the children.

Israel’s High Court of Justice ruled to send the older brother back to France on July 3, 2009. This was to have taken place by July 15th. Mom took her children and ran, and they were only discovered about eight months later.

The father insists he loves his children and will do everything possible to permit them to maintain their frum lifestyle if this is what they wish, adding he has many Jewish friends and he will inquire as to their needs. The dad also expressed fears that he does not want his sons to feel they were abducted, as their mother did when she took them from him. He admits he is not a religious man, but now that his sons are on this path, he does not plan to do anything to compel them to change their way of life.

(Yechiel Spira – YWN Israel)

33 Comments

  • yossi

    ad mosai How much longer can we tolerate a court system that openly fights our Jewish Tradition.
    We must unite both Communities frum and not frum and only then do we stand a chance of winning this war . Moshiach Now

  • Is this the full story?

    the prospect of a jewish child being torn away from his religion is troubling as are allegations of an abusive father. However, allegations don’t constitute proof.

    He is their father and has rights to his children but… mothers are nature’s only true parent. in the US, courts usually give custody to the mother.

    The israeli court makes no sense. Just as much as muslims claim religion by father, jews claim religion is inherited by the mother. there must be more to the story than is being reported.

  • MaddinBklyn

    the father is the father just like the mother is the mother, do u think the father loves his children any less because they are jewish and he’s not? also they brought up the first son together when the mother lived her first loose lifestyle so making the change to a religous lifestyle must have been just as confusing to him as well , she was also wrong to abduct the children, she should be thankful shes not going to prison.

  • ANONYMUS

    The story does make any sense legally, are they omitting something? However, anything is possible with this ultra leftist court system in Israel. We need moshiach now!

  • ANONYMUS

    The story does make any sense legally, are they omitting something? However, anything is possible with this ultra leftist court system in Israel. We need moshiach now!

  • Hope

    The mother should follow the children to france and demand visitation. There are many that will help in france.

  • Zalman

    I love how everyone jumps to comment immediately how terrible this is even though the story CLEARLY leaves out MUCH information.

    1. Is the mother abusive? Remember, she kidnapped her own children…
    2. Does the mother even care about religion?
    3. How long were the kids “religious”?
    4. Who do the kids care for more, the mother or father?
    5. MOST IMPORTANTLY: under who will the kids get a healthier (even religious!) education, the mother or father? Under whose care will the kids grow up to be healthy, responsible adults?

    Something tells me this story is specifically written to instigate hatred and anger… Don’t judge a book by it’s cover.

  • You never know...

    This story sounds very one sided. I’m sure that there is more to this story.

  • AF

    The story makes 100% sense, they tried to kidnapp this kid from there father and now everything is being made right, this is not a frum woman worried about her kids yiddishkeit, this is a phsyco woman hiding behind yiddishkeit as an exuse to keep the kids away from their father and people who use religion as a shield or cover usually get burnt (like most of the BTs in CH) religion is a way of life and if you use it for anything different you will be stung, KIDS HAVE EVERY RIGHT TO BE WITH BOTH PARENTS AND UNLESS ABUSE CAN BE PROVED THEN THATS WHAT IT IS!!!!

  • :(

    whether info is missing or not it’s sad for a Yiddishe neshama to be taken from the Jewish community and raised in a goyeshe one..also to be taken from holy Israel to anti semetic france isn’t the best!

  • Ari

    Would the Israeli courts give a Muslim child, of a Muslim mother, to an anti-Muslim anti-religious father

  • practicaly

    why
    is everyone so niave? If you have been following Israeli gov’t history you will see they are anti chareidi. It doesntmatter what the details are. the Israeli govt always sides with the non chareidi or non Jewish. Thats a fact.

    So what if you dont know the details. you dont need them to know that she automaticaly didnt get a fair trial. running away with your kids so taht they dont get taken away isnt called kidnapping.

    AND I am shocked that someone could talk about BT’s like that.They dont become frum tocover up for things. They become frum because its the truth, anding baqshing people isnt going to help yourself or the world. so, if you have nothing nice to say about others keep to yourself and do something productive to help bring moshiach.

    I agrre that that the father should be able to the kids if he’s normal, but to take them completely away from the mother like that is not humane.

  • !!!

    MaddinBklyn and Zalman have the most rational comments.

    To “:(”, how can you even judge if it’s sad for the children to be in a goyishe community if you don’t know what it’s like to live like a goyim? C’mon. Isn’t everything pre-written? Isn’t it decided before someone is born if they will be poor or rich? G-d has a good reason for everything, even for a neshama to be raised outside of a chareidi community. Not everybody has to have the same fate!

    The father has expressed his willingness to support for their beliefs and lifestyle which is pretty amazing.

    The most important thing is that these children are raised with love and support.

  • suri

    Af : what do you have with BT
    are you telling me ffb dont hide behind living a frum life style
    just as much

    i am a ffb i dont understand what you talking about

  • !!!

    People keep asking where Moshiach is, if Moshiach can help others, etc. You wanna know where Moshiach is?
    Look in the mirror.

  • A Father

    There may be more to the story there may not be but people (including myself) get heartache seeing a kid with a lubavitc looking yarmulke (looks much like my children)being taken away by a French Goy who al pi halocheh is not his father.
    I don’t know the story at all maybe he’s a doll and she’s a insane machasheifeh or maybe it’s the other way around but if you have any girsa d’yankusa a picture like that bothers you.Only someone like ?Chritopher? Huebner would think otherwise.

  • Don-t JUDGE

    Don’t Judge if you where that kid! you would have gone crazy!!
    and besides he’s frum why should he go to his NON jewish half father it’s just not right don’t say the father has the right’s h knows that if thy are frum why should he take them back to be not frum and if they are anyway frum here than good luck

    MOSHIACH NOW AD MOTAI WILL WE HAVE TO WAIT WE WANT MOSHIACH NOW WE DON”T WANT TO WAit

  • modern frumkeit

    I love !!!’s comment. If all you do is sit and wail about moshiach, nothing good will come of it. Be the change you want to see in the world.

  • chanie

    BS”D
    To AF: an excerpt of yours???????

    who use religion as a shield or cover usually get burnt (like most of the BTs in CH)
    you have got to be kidding……..like most of the BT’s….thanks a lot!
    a bissel judgmental and negative, nothing too out of the ordinary.

  • to everyone with complaints.

    Read the last paragraph carefully. The father says he will not stop the kids from living a frum life style. (and it is probably stipulated in the papers that way too!!) So this will be the children’s challenge, of teaching their father how to adapt his lifestyle to their needs. But I know of worse cases where Jewish children are torn from their mothers and given to non-frum fathers, who don’t allow their kids to remain frum. This father is not Jewish, but at least he says the kids can maintain their Yiddishkiet if they so desire.

  • mottel

    To AF – I am a shaliach, a BT, and I’m not hiding behind anything thanks. I think you have an issue with yiddishkeit and yo9u can’t understand why anyone would be attracted to it, so you assume they are just damaged. It is sad because many BTs become from because it’s the emess and a better life.

    I’m sick of people like you, it’s the same people who blame all the frying out on the BT kids even though most of the people in CH who are “modern lubavitch” are from geza families…

    Somebody asked the Rebbe when morristown opened the BT section and they were worried about their bochrim mixing with the not-yet-frum or BTs I can’t remember the answer but it was something very relevant here.

    I think you owe a large number of people an apology and I think you would be embarrassed to write what you wrote here to the Rebbe.

  • Stacy

    Kids inherently have the rights to both their parents, regardless of religion. In this case, the mother ruined her chance to be a mother by kidnapping her children from the father. Hopefully the children will grow up healthy by living with their father, who appears normal. He said he would even be happy to give them a Jewish education

  • elkana

    Its an EMBARRASSMENT that anyone can hold such a crazy nonsense opinion, – That a child should live with a non Jewish parent.

    The children are Jewish and should live with their mother. Or if she cant manage them, and I’m not going to judge her I’m not in her situation. TH. Than they should be put in to a nice Jewish foster family. But not Chas’vsholom Rachmana litzlan to a non Jewish father.

    There’s absolutely no way the kids are going to lead a Frum lifestyle like that. and any one that sides with the court is cruel hear-ted and is not a lubavitcher.

  • to Zalman

    what do you mean who will they get religious education from??!!!! the Father is a Goy????!! Got it ? a goy?! how is he supposed to give them a religious education????!!!

  • af

    if a person becomes frum because they want to become frum, then fine, but some ppl become frum becaus they are running from something and thats not fine

  • son of BT-s

    AF: u r a massive moran, the BT’s I know do it with all their heart, since they chose, it they keep it all to its fullest, do u not bolive in the torah or shukchan orech were it sais a bt is rewarded more for his actions then a ffb… u should be ashamed of ur self and I hope u don’t label ur self as lubavitch, lubavich treat all as equal neshama’s and def don’t judge!