If one has unfairly gotten the courts to give him or her the kids, why shouldn’t the other party use their leverage to get the other spouse to be reasonable?
popa, using your logic that its okay for the wronged party to the revenge their wrong, you shouldn’t have any complaints if one withholds or refuses the get because the other party did something bad/wrong in the divorce process. That is what your logic would indicate.
I’m not commenting if that is fair, but is that what you are saying? Otherwise it would seem hypocritical.
Additionally, if I recall the halacha correctly, custody is halachicly given to the mother if the child is nursing — until he/she stops nursing when he/she goes to the fathers custody. Children above nursing age are halachicly in the fathers custody.
Furthermore, on the issue of asset separation in halacha, the wife takes any assets she had from prior to the marriage. Any money/assets accumulated during the marriage belong to the husband.
I suppose if one wants to get a get per halacha, they should need to follow the halacha of the gitten process in all its areas.