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

See all articles by Shauna Van Praagh

Shauna Van Praagh

McGill University - Faculty of Law

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.

Suggested Citation

Van Praagh, Shauna, Religion, Custody, and a Child's Identities (1997). Osgoode Hall Law Journal, Vol. 35, No. 2, pp. 309-378, 1997, Available at SSRN: https://ssrn.com/abstract=1457408

Shauna Van Praagh (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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