Courts decide cases on the facts

ELEANOR PLATT QC is a former vice president of the Board of Deputies and currently chairs its family law group.

Four years ago she represented a Charedi father who unsuccessfully appealed against a court judgement which allowed his ex-wife to send their children to a less religious school.

Both parents came from families who had been Charedi for generations. Although the mother no longer considered herself to be so, she remained Orthodox — keeping Shabbat and a kosher home. But the father wanted his children to continue adhering to the Charedi way of life.

Speaking to the this week, Miss Platt said: “In that case the education was the main issue. The father didn’t disagree that the mother should look after the five children, but their education was an issue as she wanted the children to go to less religious schools.”

Deciding on such a case can be extremely complicated.

Miss Platt said: “The welfare of the children is paramount under the Children Act. Whatever facts are relevant will contribute to the decision.

“If the mother is incapable of caring for the children and wishes to leave the community, then the father may have a point in getting care of the children.

“However, if she is capable and has always cared for the children, the welfare of the children will be assessed on all the facts of the case.

“Religion would be taken into account, but the court does not look at religion by itself. English courts take the view that a wider education is more likely to be beneficial, but each case is facts-specific.”