Cheftza You said,
“000646, If she is discarding halacha and is using secular courts in non-accordance with halacha to, say, deny her husband visitation to his children, then the B”D has the right to withhold her get until she stops using the secular courts to go end-run halacha and the rulings of the Jewish Court.”
Who said anything about denying visitation? If the guy is not abusive Secular courts will always give him visitation rights!
You said,
“If she end-runs the Jewish Court, she has no leg or basis to stand on to insist the beis din facilitate a get for her — which is probably to only effective levarage the B”D has to get her to comply with halacha (which in the example she is denying child visitation to her husband by using th goyish courts).”
Using a Get for leverage is wrong. Threatening to use your influence as a Rov to harm somebody’s children as leverage is wrong. I do not understand what part of this you do not understand.
If you could show a real recourse somebody has if they suspect Judicial misconduct AND you could show me how the B”D system provides oversight to make sure that no corruption happens and stop it when it does; I could maybe hear you when you say someone is being unreasonable by not wanting to Arbitrate custody and or assets in a B”D.
However there is no oversight, no recourse for someone who is the victim of Judicial misconduct, it is “against halacha” to even report a Dayan to secular court for Judicial misconduct. So I kind of hear why somebody would say they do not wish to Arbitrate custody of their children in such a system.
You said,
“Once she gets her get she can, and by her actions has made clear she will, spit in B”D and halacha’s face regarding her halachic obligations, after she got her halachic needs (i.e. a get) facilitated by the Jewish Court.”
Yup. It’s called Galus… It kind of stinks. It doesn’t give people the right to use whatever they can get their hands on as “leverage” in order to blackmail people to comply with you. Certain things are wrong and that is that.