Raphi is far from their first victim, but he will be the last
Beth Din of America routinely disregards basic halacha
Beth Din of America routinely disregard common sense, the interests of children, and the value of a Jewish marriage
Beth Din of America routinely violates its own published rules and halachic publications
Halacha is very clear on the prohibition of going to non-Jewish court, with only certain exceptions. The Beth Din of America acknowledges in their own journal that even if one initiates a civil divorce, they should only do so while simultaneously involving a Bais Din. Indeed the Rambam, and many other prominent commentaries have very harsh words for Jews who violate this severe prohibition
Because it is Raphi who was sued and is the Defendant in civil court, with no heter or involvement from Bais Din, there is no basis for a seruv especially while the Plaintiff continues to litigate
“...it is permissible to file a court action for civil divorce, so long as the plaintiff makes his or her preference to litigate in Beit Din clear to the defendant, either in the court pleadings or by simultaneously initiating the hazmana process”.
Raphi was born and raised in Montreal. Adeena was born and raised in Montreal. Raphi and Adeena married in Montreal, and all their children were born and raised in Montreal, where they were all residents for the entire duration of the marriage. There is no halachic basis for Adeena to keep the children out of the country, and Raphi has petitioned the United States Federal Court asserting there is no legal basis either. The case is ongoing.
The "Beth Din of America" is located in the Manhattan borough of New York City. The parties never lived in Manhattan or in New York City. The marital residence was in Canada for the entire duration of the marriage.
The "Beth Din of America" has no jurisdiction.
“As a practical matter, this means that a party risks losing the ability to compel an adversary to appear before beit din as a result of initiation of or participation in secular court proceedings. It is therefore advisable that any action in secular court, other than for emergency injunctive relief, only be taken after first attempting beit din adjudication.”
The Beth Din of America's own literature acknowledges the basic halacha that a Defendant in secular court (especially one of such limited resources) cannot be compelled to simultaneously litigate in Bais Din.
Nonetheless, Raphi STILL agreed to go to Bais Din - the parties' local highly-respected community rabbinical court, the Beth Din of Montreal - but the Beth Din of America purposely lies to the public purposely omitting that it their client who refused!
According to Shlomo Weissmann, there is quite literally zero value to Kiddushin, and the only thing that matters is disposing of the kiddushin as quickly as possible and then fighing in the civil or non-Jewish court system of wherever the divorcing party happens to be. Obviously this creates a massive imbalance between the parties if one party planned the divorce and/or if one is from a wealthy family. It completely destroys the halachic principle of divorce needing to be consensual (unless there are halachic grounds for divorce)
In other words, a person can deceive their spouse into subjecting themselves to a foreign jurisdiction, setting up the desired conditions for divorce there, and then be fully entitled to their spouse's consent for divorce and hopefully their defeat capitulation in the foreign court. To any reasonable person who knows the basic halachot of marriage, this is ridiculous.
...They can fight it out as long as they want on the money side and the custody side but at least the gett doesn't become the problem...
Raphi's kids need him. Raphi will not give up. Raphi will fight seruv fraud.