JERUSALEM (VINnews)  — A couple arrived at the Rabbinical Court in Jerusalem with an agreement already signed by the Family Court, only to be surprised by the judge’s refusal to grant them a divorce. The reason: the judge did not approve the “nesting” arrangement, an arrangement in which the children remain in their home while the parents rotate in accordance with the custody schedule.

Hagai, one of the spouses, described:
“The judge stepped out for a few minutes and returned saying that he had consulted with 11 rabbinical judges. According to halacha, they do not recognize the ‘nesting’ arrangement, and therefore he would not approve the divorce. He told us we could appeal, but that it would be pointless, as this was a principled decision and we would receive a rejection.”

The “nesting” arrangement has become increasingly common in recent years, and it turns out that Hagai and his former partner are not the only ones to encounter difficulties with the rabbinical court, which effectively turned them into divorce refusers.

“We came to the court with full agreements from start to finish. All he needed to do was approve and allow us to implement our understandings,” Hagai shared. “Suddenly we felt that there was deep interference in the most personal and private decisions about how we should live our lives and raise our children. It was a very difficult and invasive feeling.”

At Itim, an organization that assists the public in navigating bureaucracy related to religious services in Israel, they say this situation is the result of the authority granted to rabbinical courts by the state.

Attorney Ohad Weigler, Director of Public Policy at Itim, explained:
“Nesting arrangements are a precise example of the tragedy faced by divorcing couples. On one hand, parents in a complex situation who want to do the maximum for their children. On the other hand, rabbinical courts that refuse to arrange a divorce due to halachic considerations,  considerations that the couple themselves do not even accept.”

“As reflected in a survey we conducted,” Weigler added, “the conduct of rabbinical judges in divorce proceedings leads many couples to develop resentment toward the religious establishment and distance themselves from their Jewish identity. But the truth is that the primary responsibility does not lie with the courts, but with elected officials. They are the ones enabling this difficult reality to persist, even in the State of Israel in 2026.”

The Rabbinical Courts Administration responded:
“As a judicial authority, the rabbinical courts do not have a ‘policy’ regarding nesting arrangements. Each case is examined individually. The court is responsible for creating a framework that enables both parents to maintain contact with their shared children. Various models exist for this purpose, and the court adopts the appropriate model based on the specific circumstances of each case. Any party dissatisfied with a ruling retains the right to appeal to the Great Rabbinical Court of Appeals in Jerusalem.”