Religion, Custody, and a Child's Identities
Osgoode Hall Law Journal, Vol. 35, No. 2, pp. 309-378, 1997
36 Pages Posted: 21 Aug 2009
Date Written: 1997
Abstract
Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial authority, and acknowledge the realities of the lives of children of interfaith families. The complex and multiple affiliations of young individuals are thus recognized.
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