FERRO & KOPEL

This matter came before Berman J concerning final orders in a family law proceeding. The wife sought permission to relocate with the child to Israel, which the husband opposed. The court also considered property division and a request by the wife for the husband to grant a Jewish divorce (gett).

The court was required to determine several key issues. Firstly, whether to permit the wife's relocation with the child to Israel. Secondly, how to divide the parties' matrimonial property, including their respective business enterprises and the residential property. Thirdly, the court had to consider the wife's application for an order compelling the husband to grant a gett, and its own jurisdiction to make such an order.

In relation to the relocation, the court ultimately did not permit the wife to relocate with the child to Israel, making orders for the child to live with the wife and spend substantial and significant time with the father. The court also made detailed orders regarding shared parental responsibility for the child, with the wife having sole responsibility for education and health issues, subject to consultation with the husband. Regarding property, the court considered the parties' contributions, including those of the husband's family, and made an adjustment in favour of the husband, but the overall adjustment resulted in a differential in favour of the wife, requiring the husband to pay her a settlement sum. The court declined to make an order for the husband to grant a gett, concluding it did not have the power to make such an order, and did not consider the constitutionality of such an order within its jurisdiction.