Friday, August 22, 1980 5

THE DETROIT JEWISH NEWS

U.S. 'Investigates' Monday's IDF Premptive Strike in Lebanon

(Continued from Page 1)
fortress west of the Litani
from which the terrorists
control the Marjayoun Val-
ley. The 11th Century for-
tress, which is the central
military position of the ter-
rorists in the area, was re-
portedly badly damaged in
aerial attack. The at-
k was launched after
r-LO artillery inside the
castle exchanged fire with
Christian militia in south
Lebanon.
The Israeli raid on Mon-
day was responsible for the
destruction of large
amounts of terrorist
weapons, including a bat-
tery of four artillery pieces
and six mortars.
Also destroyed were 26
bunkers and a terrorist
command post near
Beaufort Castle. The old
Crusader castle, some
2,100 feet above sea level,
dominates the -terrain of
southern Lebanon and
has been a terrorist
stronghold since 1978.
Joining Eitan near the
border 'during the opera-
tions were Prime Minister
Menahem Begin and sev-
eral high-ranking Defense
Ministry officials and IDF
officers. Foreign press - re-
ports said PLO chief Yasir
Arafat went to the scene of
the fighting early Tuesday
morning.
Gen. Eitan said most of
the Israeli • casualties oc-
curred during close-range,
house-to-house fighting. In
one instance, a house
marked for demolition by
the IDF was spared when an
officer heard women's
voices inside.
Meanwhile the three Is-
raeli soldiers who were kil-
led were buried Wednesday

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with full military honors.
Funeral services took
place at the Natanya
Cemetery for Capt. Meir
Knisbah, 23; at the Kibutz
Kfar Menahem Cemetery
for Sgt. Guy Shalev; and
at the Tel Aviv Military
Cemetery for Capt. Yossi
Oved, 22.
In Washington, State De-
partment spokesman Pas-
sage commented on the
raid: "We are deeply con-
cerned by rising tensions

By BEN GALLOB

(Copyright 1980, JTA, Inc.)

In a decision described by
legal experts as the first of
its kind, the Appellate Di-
vision of the New York
State Supreme Court has
ruled that a separation
agreement between parents
which provides that their
child must be reared as an
Orthodox Jew is enforceable
in accordance with its terms
and that a breach of those
terms can be the basis for a
change in custody.
The mother had been
given custody of the child, a
boy, and the agreement
specified particular schools,
camp and a kosher diet for
the child.
Nathan Lewin of Wash-
ington and Steven Thal of
Manhattan successfully re-
presented the father in the
appeal.
According to the Ap-
pellate Division ruling,
handed down July 3, the
parents, both Hasidic
Jews, were married in
1971 and the son was
born to them in 1973.
After differences de-
veloped between the par-
ents, a separation agree-
ment was reached, which
gave custody of the child
to the mother, then less
than two years old. Cus-
tody of minor children is
normally awarded to the
mother in separation
cases.
After a Jewish divorce
(Get) was agreed to, a civil
divorce judgment was ob-
tained in 1975, which in-
cluded the separation
agreement which provided

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that violation of the reli-
gious upbringing provisions
could result in transfer of
custody of the boy to his
father.
According to the court
findings, the mother, after a
time, abandoned obser-
vance of the ritual and other
aspects of Orthodox tradi-
tion, discarding the Jewish
dietary laws and otherwise
ceasing to comply with the
religious requirements pro-
visions of the separation
agreement.
In August 1978, the
father petitioned for cus-
tody based on claims of
breach of the separation
agreement. After a trial, the
lower court dismissed the
father's petition. The lower
court held that, while the
mother was not adhering
to the specific rituals of Or-
thodox Judaism as re-
quired by the separation ac-
cord, the child was being
raised as a Jew and that
there was no evidence. of
"potential harm" in the fact
that the child was not re-
ceiving an Orthodox Jewish
education.
The lower court also
ruled -that, despite the
terms of the separation
agreement, there was jus-
tification for changing
custody for reasons of
religion, "only if the
child's condition with his
mother was so bad as to
seriously affect his health
or morale."
In reversing the lower
court, the Appeals Court
held that the fact that the
child was being raised as a
nominal Jew did not settle
the issue because the ruling
ignored the father's conten-
tion that the mother had
failed to abide by the reli-
gious provisions of the sep-
aration agreement.
The higher court also

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tions Interim Force in
Lebanon (UNIFIL) from
whom the PLO has been re-
ported to be getting
weapons which are used in
attacking Israel and
whether Israel's raid was
impugning the integrity of
the state of Lebanon or at-
tacking "a state within a
state" in Lebanon. He said
that the U.S. is looking into
the circumstances of the
raid.
In Beirut, however, the

Appeals Court Upholds Parents' Agreement
on Orthodox Upbringing in Custody Battle

x x xx xx x x xx xx xx x xxx x xxxxxxxx)o z x

...

and we call on all parties to
act with restraint." Asked if
the parties include Major
Saad Haddad, the leader of
the Christian militia in
south Lebanon, Passage re-
plied in the affirmative. He
did not mention the Pales-
tine Liberation Organiza-
tion in this context.
Regarding the investiga-
tion into Israel's use of U.S.
arms, Passage was asked if
it includes investigating the
activities of the United Na-

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overruled the lower court's
finding that the father
would have to show that a
change in custody was war-
ranted because of the wel-
fare of the child. The appe-
als court declared that, on
the contrary, the mother
was obliged to show that the
observance of the religious
guidelines specified in the
separation agreement was
detrimental to the child,
since it was the father who
sought to uphold the terms
of the separation agree-
ment."
In returning the case to
the State Supreme Court
in Manhattan, 'the appe-
als court instructed the
trial court to take and
consider evidence on
whether compliance with
the separation agree-
ment . could be
detrimental to the child's
health.
The Jewish Telegraphic
Agency was told that the
appeals court ruling speci-
fically excluded from a
lower court review of the
appeals court finding that
there was a breach of the
religious requirements in
the separation agreement.

U.S. Embassy condemned
the raid and said it would
lead to an increase in ten-
sion in the region. Lebanese
Foreign Minister Fuad But-
ros criticized Arab nations
for failing to formulate
strategy to meet "Israel's
aggressive policy." He also
stated that the major pow-
ers were indifferent to re-
peated Israeli strikes in
south Lebanon. In Cairo,
Egypt also condemned the
raid as a new obstacle to
peace.
At the United Nations
in New York, Secretary
General Kurt Waldheim

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appealed to all sides to
maintain peace in the
area. His spokesman said
the UNIFIL commander
had protested to Israeli
authorities.
The spokesman also said
that Waldheim deplored the
cycle of violence and result-
ing casualties and urged
that all parties "cooperate
fully with UNIFIL in its ef-
forts to fulfill its mandate
and, in particular, to main-
tain peace in the area."

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