Religious beliefs are usually a belief in the divine or a philosophical belief and are by their nature, deeply personal to an individual.
Often separating parents will find that they wish to deal with matters and the raising of their child in a different way. Religious beliefs can have an impact on a person’s moral values and cultural systems and it can therefore influence the way they choose to parent their child. Religion can be a complex area to deal with where parents hold different views on separation.
Where both parents have parental responsibility meaning all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property, a court will expect each parent to take steps to safeguard the child and their wellbeing.
If a parent is unhappy with the religious choices of the other parent, this can cause tension and disputes between them. Where one parent is non-religious, they cannot expect the religious parent to refrain from following their religious beliefs whilst that child is in their care. Similarly religious parents could not expect that the other should follow religious practices and teachings whilst that child is in their care.
Mediation can assist parents in resolving their issues. Mediation is the process in which parents would attend one or more sessions with a neutral professionally trained mediator to help them work through any disputes and arrangements for children.
It is hoped that in most cases any issues as to religious upbringings will be relatively minor and resolved without an application to the court and where appropriate mediation should be the first port of call. But if mediation fails, there are a range of applications a parent can pursue under the Children Act 1989 to resolve a dispute.
A Specific Issue Order is an order that decides a specific dispute that has arisen or may arise in connection with a person’s exercise of parental responsibilities of a child. A child’s parent, guardian or special guardian can apply for a Specific Issue Order (or a person named as the person with whom the child is to live in the Child Arrangements Order that is in force) to address, for example, whether a child should be raised following a particular religion. They can also apply for a Prohibited Steps Order, (an Order stopping a person from taking certain actions) to prevent a parent from taking steps the other parent does not agree with such as a christening or a blessing.
The welfare of the child is always the court’s paramount decision when considering its upbringing and this would therefore include any religious upbringing. Ultimately, the more significant the impact a religious activity may have on a child the more likely it will be necessary to involve the court. For example, where a particular religion requires an act such as circumcision or not to receive a blood transfusion. The court will need to consider what is in the best interests of the child rather than wishes of a parent alone. Particularly where the child has not had an opportunity to make their own decision either because of age and understanding.
There are no set rules in relation to religious practices or beliefs so the court will look at all the circumstances of a case. They will look at the reality of a child’s upbringing, their family relationships and the impact of any decision made in relation to religion and do its best in providing an outcome that is in the child’s best interests.
If you would like assistance in this area, please contact a member of the the family team here, who will be able to advise you.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.
Thank you for your enquiry. We will respond as soon as possible.
