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CTLAWYER so if someone’s husband would go off, and the mother would hold he was wrong for doing so. Would the judge be allowed to use Judicial Discretion to give the kids to the father because in the Judge’s opinion the mother doesn’t respect others and thats bad chinuch?
I would have imagined that something which is debated in society i.e. there are two clear tzedodim, that the Judge has no right to use their personal opinion to award custody to whichever parent fits with that opinion. Holding of religion is recognised by the goyim as at least a valid tzad, and so is dressing immodestly. That’s why I was surprised at what you wrote. Obviously something which all sensible people agree is wrong the judge can use, but I don’t think all goyim agree that lack of tznius is wrong!