Shielding child whose mother is Catholic from father's Wiccanlifestyle?

[Vance R. Koven]

In a situation where the child has *already* been exposed to differences in
outlook between the two parents (as in Ed's personal example or in Alan's),
then it seems highly unlikely that anyone could show psychological injury by
the child's continuing to be so exposed following a divorce.

Nobody here seemed to take great exception to the New York case cited
earlier that required a "lapsed" mother to continue raising her child in
orthodox Judaism. She and her husband had agreed on this before the divorce,
and the evidence showed it was the child's strong preference. Suppose the
mother hadn't just lapsed, but had a "Road to Damascus" conversion and was
now an evangelical Christian. I don't think that would change the result in
the case. If the mother really wanted the child to attend Christian worship,
and the child balked or started wetting the bed or gave other evidence of
trauma, I doubt a court would--or should--have any hesitation in ordering
her not to do it.

In these cases, with such constraints in place, it becomes the constrained
parent's responsibility to maintain the kind of relationship with the child
that will not traumatize the child. Is there a Jewish or Christian or Wiccan
way to ride a Ferris wheel? This doesn't seem to be such a hard thing to
grasp, though I have no doubt such things are beyond the ken of many a
person.

On Jan 24, 2008 1:12 PM, Brownstein, Alan <aebrownstein at ucdavis.edu> wrote:

>  I have no clear answer to this problem – but I think part of what is
> troubling to me about the potential scope of these constraints on visitation
> orders is that they may make it difficult for the child to have any
> meaningful relationship with one parent. A devout individual may make his or
> her religious practices a regular part of life. Could the court prohibit one
> parent from saying a prayer before a meal if the child was present? If a
> Christian parent wants the child to be home on Sunday (to attend Church and
> to observe the Sabbath) and the other parent is an observant Jew so that if
> the child visited that parent on Saturday the child would necessarily be
> exposed to Jewish religious practices, how should a court resolve that
> tension. Would it be appropriate for the court to rule that only one parent
> could ever be with the child on weekends?
>
>
>
> Alan Brownstein
>
>
>
> *From:* religionlaw-bounces at lists.ucla.edu [mailto:
> religionlaw-bounces at lists.ucla.edu] *On Behalf Of *Vance R. Koven
> *Sent:* Thursday, January 24, 2008 8:52 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Shielding child whose mother is Catholic from father's
> Wiccanlifestyle?
>
>
>
> I think Steve's message illustrates exactly the point. What's in the best
> interests of *the* child is a matter to be decided with reference to the
> particular child in question and to his/her family's unique circumstances.
> It is not a matter for ideology.
>
> If a child is raised in a household in which differences are extolled and
> exhibited, then being exposed to them post-divorce doesn't in itself seem
> likely to harm the child. But where a family has adhered to a particular
> framework, and that framework is suddenly jolted, not only by the divorce
> but by radical changes in what had been viewed as a fundamental aspect of
> child-rearing, then it seems perfectly consistent with the legal standard,
> psychology and the still largely accepted role of the family, for a judge to
> ascertain whether harm is likely to occur, and take reasonable actions to
> prevent harm.
>
> Imposing a Unitarian world view on, say, a Pentecostal child who had
> consistently been reared that way, while it may seem to Steve like a "good
> thing," would be the worst kind of judicial bullying, as would an order for
> a child raised in a Unitarian household to be sent off to Catholic school,
> where in each case the judge reasonably concluded that this would create a
> cognitive dissonance that could adversely affect the child's emotional
> stability.
>
> Vance
>
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-- 
Vance R. Koven
Boston, MA USA
vrkoven at world.std.com
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