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Religious instruction...

Started by gemini3, Jan 22, 2007, 11:20:56 AM

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gemini3

All parties reside in VA.  CP has primary physical, both parties share joint legal.

CP has recently begun instructing minor child (10 yrs old) in paganism, and showing child how to practice pagan rituals.  This is against the expressed wishes of NCP.  

Is this contempt if religious choice was not spelled out in divorce decree?  What can be done to stop it?

socrateaser

>All parties reside in VA.  CP has primary physical, both
>parties share joint legal.
>
>CP has recently begun instructing minor child (10 yrs old) in
>paganism, and showing child how to practice pagan rituals.
>This is against the expressed wishes of NCP.  
>
>Is this contempt if religious choice was not spelled out in
>divorce decree?

No.

What can be done to stop it?

Dicey subject. One person's religion is another's cult. The issue is whether it's in the child's best interests to be indoctrinated into a belief system which may have some sinister real-world purpose -- such as obdience to a particular leader who exploits his/her followers.

Very hard to draw the line. Some would say that the Pope and/or Pat Robertson would fit this description -- though certainly not like Charlie Manson.

So, if you have a reasonable belief that the particular indoctrination is a danger to the child and you can express that rationale to the court, then you should file a motion to have the court restrain the child's indoctrination. The court will appoint a GAL or an evaluator, and then you'll get a ruling.

On the other hand, if you're just knee jerking to a parent who has some "earthy" philosophical world view, then you need to get over it.

mistoffolees

Wouldn't it be worth consulting with a local attorney?

Assuming that there's real evidence that the ex is teaching a minor child in paganism, it seems that there might be some areas where it would be considered a serious matter - and worth of a change in custody.

For example, I'm in the middle of the Bible Belt. While I realize that judges aren't supposed to let personal opinion sway matters, from what I've heard something like the CP above is doing might sway things here. I can just picture the reaction from quite a few of the local judges.

A local attorney would know what it's like in their area.

gemini3

The issue isn't the world view, it's teaching the child things that have very real and very serious social consequences before they are old enough to realize what those consequences are, and be selective about who they share these things with.  We live in a conservative area, and I can only imagine the reaction some teachers and parents might have to a child who talks about participating in pagan ritual.  

In my book there's a very big difference between philosphy and the practice of rituals.  

I try to not call my attorney unless it's something I think they can do something about, so I wanted to get another opinion before acting on it.

socrateaser

>In my book there's a very big difference between philosphy and
>the practice of rituals.

In my book there's no difference whatsoever. And, my book is the U.S. Constitution, so my book wins. A parent has a fundamental right to the free exercise of religion except when proscribed by a general and neutral law which does not discriminate against any particular relgion on its face.

So, once again, your only case is found by proving that the child's welfare is at risk, and the fact that you live in a conservative area is just not a very compelling reason for the court to get involved.