Case file

The Record: Hirsch, Child Custody and Beis Din Authority

Companion article: Six Children and a Private Court

Assembled: September 18, 2026

Scope: Historical judicial decisions and present reference material. This record documents the sources used in the article. It does not establish current family circumstances or certify an exhaustive search of all later proceedings.

Central authority

Matter of Hirsch v. Hirsch, 4 A.D.3d 451, 2004 NY Slip Op 01002, Second Department, February 17, 2004.

Read the entire opinion, including the final paragraphs addressing severability. The article relies on the court's account. The underlying arbitration agreement, award and hearing materials have not been independently obtained.

Document map
IDSourceRole in the article
R01Hirsch, 2004Central judicial account and outcome.
R02Glauber, 1993, court opinion reproduced by CaseMineEarlier New York custody-arbitration analysis.
R03CPLR 7511Present statutory reference on vacatur and modification.
R04Domestic Relations Law 240Present statutory context. Not every current provision necessarily had identical historical wording.
R05Loike v. Kletenik, 2012Trial-level example of a mixed result.
R06Berg v. Berg, 2011Comparison involving confirmation of a financial award.
R07Matsui v. Matsui, December 2021Later appellate treatment of arbitration and custody jurisdiction.
R08Fawzy v. Fawzy, 2009, opinion reproduced by JustiaDifferent New Jersey framework.
R09Johnson v. Johnson, 2010, opinion reproduced by JustiaQualification of the record requirement in the circumstances of that case.
R10Beth Din of America rules, December 2025 versionSeparate institution's published procedures; not identified as the Hirsch tribunal.
R11Weisberger v. Weisberger, 2017Religious upbringing and civil-court custody review.
How to read the comparison cases

The cases do not all involve the same tribunal, jurisdiction or legal issue. R05 is a trial-level decision. R08 and R09 are New Jersey Supreme Court decisions concerning secular arbitration. R11 reviews civil-court restrictions. R10 is an institutional policy document from much later than the central case.

No source here establishes a nationwide rule prohibiting custody arbitration. No source establishes that all batei din use the same procedures.

Evidentiary boundaries
Established by the reporting fileNot established by this file
The published judicial outcomes described in the articleThe identity of the Hirsch panel or any present affiliation
The language and reasoning in the cited opinionsA complete transcript of the Hirsch arbitration
The existence of the referenced criminal complaintThe truth, nature or final disposition of its underlying allegations
The legal distinction among the compared decisionsA finding that any named arbitrator committed a crime
The procedures stated in R10Compliance with those procedures in an individual proceeding
Linked reporting
Document-based feature and analysis

Read the Article: Six Children and a Private Court

A beis din's family award reached into custody, support, property and a criminal complaint. New York courts rejected it. The case shows why a parent's signature cannot answer every question about a child's welfare.

October 1, 2026

Response log

No new requests for comment or interviews have been made. The parties' positions are described only to the extent reflected in the published decisions. The Beth Din of America's general rules are not a response to the Hirsch case.

Privacy

The article omits children's names and identifying details unnecessary to the institutional analysis.