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[Judge's ruling that parents can't teach Wiccan beliefs is overturned] (PDF)
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| Parent(s) |
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| Contributor | RP |
| Last Edited | RP Aug 17, 2005 01:25pm |
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| Category | Legal Ruling |
| News Date | Wednesday, August 17, 2005 07:00:00 PM UTC0:0 |
| Description | We affirm, but order that subparagraph 10(j) be stricken from the Decree.
Father raises two issues on appeal, but we find one issue dispositive: whether the trial court lacked authority to order that divorcing parents, who are practicing Wiccans, take steps to shelter their child from involvement in and observation of “these nonmainstream religious beliefs and rituals.”
In its Decree, the trial court also ordered, sua sponte, in subparagraph 10(j), “[t]hat the parents are directed to take such steps as are needed to shelter [the child] from involvement and observation of these non-mainstream religious beliefs and rituals.”
Because the trial court did not find that a limitation on Father’s parental authority to determine the religious training of his child was necessary to prevent endangerment to the child’s physical health or significant impairment of the child’s emotional health, we hold that the trial court abused its discretion in ordering the parents to shelter the child from involvement in and observation of “these non-mainstream religious beliefs and rituals[.]” |
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