I am in the process of splitting up from my wife. As our son is only three I agree that she should have custody but I am worried that he will not receive enough Jewish tradition. My wife comes from a secular family and we have always spent all the religious festivals with my family. Can we carry on this way once we split up ?By: דיאנה שאלתיאל•Published on: 03 May, 2022
Yes – if your wife is co-operative. It is possible for parents to reach an agreement about custody and visitation rights and have it authorised at the family court in accordance with the 1962 Legal Capacity & Guardianship Act. If a Jewish husband is willing for his wife to have custody of their child but wants the minor to spend all religious holidays with him and his family and she agrees, then they can make an agreement to this effect , if she agrees, and have it authorized by court . In this case they may wish to agree that the minor will celebrate non-religious holidays such as Independence Day , Purim or Chanukah with the mother.
The usual arrangement, however, is for the minor to spend alternate holidays/festivals with each parent but the sides are free to agree otherwise.