This post is going to be a cross-over between my two main “specialties”: conversion issues and law.
- Ages of your children
- Their feelings about your conversion
- The children’s Jewish involvement so far
- Whether the children want to convert
- How young your children were when you started your Jewish life
- Your ex-partner’s involvement in the children’s life
- Your ex-partner’s feelings about your conversion
- Your ex-partner’s religious affiliation/fervor
- The presence of a new (Jewish) partner
- The existence of children with that Jewish partner (in other words, you have children from both the ex-partner and the current, Jewish partner)
- Prior difficulties/inability to communicate or to make (and keep!) agreements between the parents
- The current custody arrangement
- The current court-ordered custody arrangement
- How uncomfortable your rabbi is with your situation (which may correlate to how familiar he is with these issues)
Likewise, seeking a court order doesn’t mean you’ll get it. You may even want to get a second opinion from another attorney. (As always, if something seems “off” about the attorney you speak to, remember that they are human, and that there are bad lawyers out there. If you don’t trust the first attorney you speak to, speak to another one.) If the attorney advises that you don’t need a court order, your rabbi may want to see that in writing. The attorney can draft a letter to you stating that and that that is the reason they are not taking your case (there may still be a charge for this).
But remember, even if you are able to convert your minor children with you, they may be given the option of revoking the conversion at a later age. This revocation right should be automatic with any child converted before bar or bat mitzvah age (assuming the laws are the same as a Jewish couple adopting a non-Jewish child). If your child is over bar/bat mitzvah age, their current refusal to convert is probably sufficient.
Mordechai Y. Scher says
A general halachic note, and a procedural note.
From a halachic perspective, it is typically important to the beit din that the mother of the child agree to the conversion. Or it should be. When a case like this came up several years ago, one of America's premier rabbinic authorities confirmed that for me. A thorough beit din will not usually convert a child against the will of the mother.
Procedurally, many or most batei din will not convert a minor in America who is still living in his non-Jewish parent's or parents' home. That is not a hard and fast rule, but it is a common position.
Anonymous says
You forgot to mention yichud issues. Most halachic authorities claim that you cannot kiss or hug your biological offsprings after you convert if they remain non-jews.
Kochava says
I would not say "most." Given the long-overdue recognition and acceptance of infertility issues and the rise of divorce, I don't think "most" authorities by far hold this way anymore (and I don't know that was ever the normative advice in real-life situations when shailahs were asked, regardless of what theorhetical sources say/said). Adoption and fertility treatments and stepchildren have increased exponentially the number of non-biological children in our homes. Given the abundance of psychological data on parent-child relationships, even into adulthood, and our tradition's valuation of including psychological effects in halachic analysis, I think few rabbaim today actually tell parents they may not touch or be in yichud with your children, whether they are immediate biological children post-conversion, stepchildren, adopted children, adopted extended family members, or children conceived with the DNA of someone else or carried via surrogacy.
That said, whether or not the biological children you mention are Jewish is irrelevant to the analysis. Yichud doesn't prohibit contact with non-Jews. It prohibits certain contact with non-family members, and the argument is that they stop being your halachic family members when you are "adopted" so to speak by Avraham and Sarah. I think your phrasing suggests a restriction on touching non-Jews because they're not Jews, and I think such a phrasing can easily become a chilul Hashem. Though there are certainly laymen and some rabbis who do promote the idea, consciously or not, that non-Jews are practically subhuman and shouldn't be touched or talked to, but that's not a yichud thing and is not what we're talking about here.
Kochava says
And further, taking your analysis to the extreme, that theorhetical position severs the halachic "family" relationship of a whole family if a whole family converts. For instance: mom, dad, and 3 kids under 6 years old convert. When each of those kids hits bar/bat mitzvah age, they suddenly have to follow the laws of yichud? It's just not practical and can be incredibly damaging to the children involved. And I haven't seen it done in the families I know who converted or adoptive/relevant IVF families. I see it a little in step-families, but I think even that has become less in the 15 years I've been around.