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Court Upholds Divorce Decree Limit On Promoting Different Faith To Children

By Howard M. Friedman

When Joel and Lisa Rownak divorced in 2005, Joel was awarded custody of the couple's minor children. The divorce decree contained a provision, originally proposed by Joel and agreed to by Lisa, that "the minor children be raised in the Protestant faith." The decree went on to enjoin both parents "from promoting another religious belief system/faith to the minor children unless both parties should consent." In Rownak v. Rownak, (AR Ct. App., Oct. 8, 2008), an Arkansas appellate court upheld a contempt finding against Joel for violating this provision by promoting the Latter Day Saints faith to his children.

In upholding the trial court's finding, the court of appeals said that the divorce decree "has for its basis a valid contract between the parties and does not violate appellant?s constitutional rights." Apparently the trial court went on to change custody of the children from Joel to Lisa because of changed circumstances, which included Joel's changing his church membership from southern Baptist to LDS. However, for reasons that are not explained, Joel did not appeal this portion of the trial court's decree. As part of its findings in the contempt proceeding, the trial court concluded that the LDS church is not a Protestant faith. Yesterday's Springdale (AR) Morning News reported on the decision. [Thanks to Spencer Macdonald for the lead.]

Full post as published by Religion Clause on October 10, 2008 (boomark / email).