C (Child: Involvement in Jehovah's Witness Religion) [2017] EWFC B29 (9 May 2017)

C (Child: Involvement in Jehovah's Witness Religion) [2017] EWFC B29 (9 May 2017)

The court found that C should have the opportunity to experience the Father's religion by attending Sunday Kingdom Hall services for up to 2 hours, but should not attend Jehovah’s Witness Assemblies, Annual Conventions, Memorials, field service, one-to-one religious teaching, or be shown religious-based media until age sixteen, unless both parents agree or the court orders otherwise. The court refused a shared care order, finding the Mother provides the majority of care and organisation. The Father is granted half of school and summer holidays with C. Medical decisions in emergencies are to be made by the Mother if necessary, with immediate notification to the other parent. No section 7...

Citation
[2017] EWFC B29
Parties
Father: F; Mother: M
Jurisdiction
England and Wales
Judgment Date
09 May 2017
Procedural Posture
Child Arrangements and Specific Issue Order / Final Judgment
Outcome
Child to live with Mother and spend time with Father; specific restrictions on religious involvement; holiday and medical arrangements ordered; no shared care; no section 7 report ordered.
Legal Topics
Child Arrangements Order, Specific Issue Order, Religious Upbringing, Parental Responsibility, Welfare of the Child
Family Law Child Law Child Arrangements Order Specific Issue Order Religious Upbringing Parental Responsibility Welfare of the Child

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Parties

F

Father

M

Mother

Procedural Posture

Child Arrangements and Specific Issue Order / Final Judgment

Legal Issues

  1. 1 To what extent should the child, C, be involved in the Father's Jehovah's Witness faith?
  2. 2 Should the child arrangements order be a shared care arrangement?
  3. 3 What are the appropriate holiday and medical arrangements for C?

Ratio Decidendi

The court found that C should have the opportunity to experience the Father's religion by attending Sunday Kingdom Hall services for up to 2 hours, but should not attend Jehovah’s Witness Assemblies, Annual Conventions, Memorials, field service, one-to-one religious teaching, or be shown religious-based media until age sixteen, unless both parents agree or the court orders otherwise. The court refused a shared care order, finding the Mother provides the majority of care and organisation. The Father is granted half of school and summer holidays with C. Medical decisions in emergencies are to be made by the Mother if necessary, with immediate notification to the other parent. No section 7...

Court Disposition

Child to live with Mother and spend time with Father; specific restrictions on religious involvement; holiday and medical arrangements ordered; no shared care; no section 7 report ordered.

Orders

  • C to live with Mother and spend time with Father as per detailed schedule.
  • Father to have C for half of school and summer holidays, with dates to be agreed.