Children’s Best Interests, Religion and Custody: A Complex Relationship

Abstract:     
This chapter, written in the context of the liberal standard of the legal regulation of families within democratic societies, considers parental disputes over the child’s religious upbringing. It tackles the two related issues of, first, the allocation of custody and access and, second, the regulation of the scope of custody and access. Both should be assessed in light of the best interests of the child. On the first issue, parental religious practices should not be a factor to consider unless there is harm to the child. The second issue raises questions of mono- and bi- religious upbringing and the introduction of the child to new religious practices. It is pointed out that, whilst the child’s best interests should be the relevant standard, there is no consensus on the function of the best interests test in religious matters and courts should consider any significant ties of the child with a religious community.

Number of Pages in PDF File: 22

Accepted Paper Series