The High Court ruling, released publicly today, comes after the children's
separated parents appealed against Family Court orders regarding custody
details.
A judge has stopped the children of a Jehovah's Witness from going to
church and attending witness meetings and allowed them to attend birthday
parties and Christmas celebrations.
The High Court ruling, released publicly today, comes after the children's
separated parents appealed against Family Court orders regarding custody
details.
Justice Brendan Brown said his ruling would "dilute" the two young
children's exposure to their mother's faith. However, he recognised the order
was "at odds" with the children's wishes.
After the parents separated in 2010, the mother became an "adherent of the
Jehovah Witness faith", the ruling said.
Without the father's knowledge, she introduced the children, then aged 4
and 6, to the religion.
A Family Court ruling by Judge Paul Geoghegan ordered the children's main
carer should be their father, and the judge placed constraints on the children's
participation in the Jehovah's Witness faith.
Both parents appealed against the ruling and sought clear directions
regarding the children's participation in the faith.
The mother told the court she would not attend a concert one of her
children was involved in, because it was being held at a Baptist Church.
She also did not attend her other child's soccer prizegiving, because it
was also held at the church.
The children told Justice Brown that if they were not allowed to worship
Jehovah by attending services, they would be "angry" and "sad".
He said the children had a right to be exposed to each of their parents'
religious beliefs and it would be "impractical" to prevent their involvement in
their mother's faith.
"Indeed it would be my view it would be counter-productive and possibly
destructive to order otherwise."
However, he felt that involvement should be curtailed.
"...the children should not attend Jehovah's Witness meetings or church
activities including seminars or witnessing.
"I recognise that such a direction is at odds with the children's express
wishes.
"Nevertheless the evidence persuades me that their welfare and best
interests require that there should be a dilution in the intensity of their
exposure to their mother's faith."
They could engage in Bible study, watch videos and read passages from the
Watchtower while they were with their mother in her home, Justice Brown
said.
They could also attend birthday parties, and Easter and Christmas
celebrations -- all of which are prohibited in the Jehovah's Witness faith.
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