Arrangements for the children when religion is a key consideration

Arrangements for the Children where religion is a key consideration
When a relationship breaks down and the religious upbringing of the child is a key consideration it is important to obtain early advice.
Mediation can assist the parties to resolve their issues. Often because of the intensity of emotion surrounding a child’s religious upbringing and or educational choices there may be no option but to turn to the court for a resolution on such issues.
As a matter of last resort when mediation has been attempted but failed a s a process either parent can apply to the court for a Specific Issue Order (to determine a specific issue of conflict, such as whether a child should be brought up within a particular religion or whether a child should attend a specific school etc) or a Prohibited Steps Order (to prevent the other parent from taking steps that you do not agree with).
When considering these issues, the child’s welfare is always the court’s paramount consideration. The courts will always respect parents’ religious beliefs and will try to remain neutral on religious issues. A person with parental responsibility for a child is entitled to make decisions regarding the child’s participation in religious activities. However, parental responsibility is joint and equal and neither parent has a predominant right to choose a child’s religious upbringing.
The court will consider what is in the child’s best interests and each case will depend on its own particular circumstances.
Where parents follow different religions the child should have the opportunity to learn about and experience both religions. But, if the practice of the religion involves a lifestyle that conflicts with the lifestyle of the other parent and the court is satisfied that the conflict has had or may in the future have an impact on the child’s welfare, the court is entitled to restrict the child’s involvement in those practices.
It is really important that you seek legal advice as early on as possible. Please feel free to contact me for an initial chat if you are faced with issues such as these.
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