Judge Angeletti offered the parties the opportunity to withdraw from the jurisdiction of the Beth Din, but neither party elected to do so. Kovacs to pay all major monthly bills plus $200.00 per month in child support as ordered by the Beth Din. Kovacs use and possession of the family home, and directing Mr. Kovacs from the family home, granting Mrs. Angeletti issued a pendente lite order terminating the rotation system, granting the parties joint legal custody with primary physical custody to Mrs. On 11 February 1992, she filed a complaint for limited divorce in the circuit court. This procedure continued from June 1991 until September 1991, when the mother refused to comply further with the arrangement. The party having possession of the home was responsible for the care of the children. The Beth Din issued two interim rulings, in April and June, 1991, directing the parties to rotate possession of the family home every two weeks. The document makes several references to arbitration and states that the parties agree to submit their controversy "to arbitration by the Bais Din in accordance with Jewish law as set forth in the Shulchan Oruch (Code of Jewish Law) as interpreted by the Bais Din." Under this agreement, the parties petitioned the Beth Din to dissolve their marriage and issue a ruling concerning a "separation agreement, child support, custody, visitation rights, division of joint property etc." On 30 April 1991, the parties executed an agreement entitled "Shtar Berrurin and Submission Agreement," which is captioned "In the Matter of the Arbitration Between" Malcolm and Randy Kovacs. When the couple's marital discord came to a head, they turned to their rabbis, who urged them to resolve their differences in a Beth Din (a Jewish court proceeding before a panel of three rabbinic judges).
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At the time of the lower court proceedings, the children were minors, ranging in age from six to seventeen.
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Six children, four boys and two girls, were born of their marriage. The parties are Orthodox Jews, married on 17 February 1975. We shall affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. Whether the chancellor abused his discretion in denying Mrs. Whether the chancellor abused his discretion by modifying a pendente lite custody order without a showing of a change of circumstances.Ħ.
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Whether the chancellor improperly delegated his judicial authority by appointing a social worker to conduct fact finding on behalf of the court.ĥ. Whether the chancellor abused his discretion in refusing to appoint independent counsel for the children.Ĥ. Whether the chancellor erred in refusing to modify or vacate the ruling of the Beth Din.ģ. Whether the chancellor erred in adopting the ruling of the Beth Din concerning the beneficial interests of the children without first exercising independent judgment before issuing the Judgment for Absolute Divorce.Ģ. She presents six questions, the first four of which raise issues that have not heretofore been addressed either by the Court of Appeals or this Court. Kovacs, and from post judgment orders of the court relating to custody of and support for the parties' minor children. Kovacs appeals from a judgment of the Circuit Court for Baltimore City granting an absolute divorce to appellee, Malcolm L. Rees, on the brief) Baltimore, for appellant.Īrgued before BLOOM, CATHELL and HARRELL, JJ. Raymond Daniel Burke (Paul Mark Sandler, Freishtat & Sandler and Natalie H.