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Court Says Divorced Parents Must Share Religious Decisions For Children

By Howard M. Friedman

In In re Marriage of Balashov, (WA Ct. App., Feb. 1, 2010), a Washington state appellate court reversed the portion of a trial court's parenting plan entered in a divorce action. The trial court ordered that the major decisions regarding each of the two children are to be made jointly by the parents, except that the mother alone was to make decisions regarding their religious upbringing. The mother had raised the children in the Orthodox Christian faith, while the father had no religious affiliation. The Court of Appeals held that the parenting plan must give the same joint decision making to both parents on religious upbringing of the children as for other matters. It said:

To protect parents' respective constitutional rights to the free exercise of religion, Washington courts hold that a parent's decision-making authority with respect to religious upbringing may not be restricted unless there is "a substantial showing of actual or potential harm to the children from exposure to the parents' conflicting religious beliefs." In re Marriage of Jensen-Branch, 78 Wn. App. 482, 490, 899 P.2d 803 (1995). The court emphasized that "religious beliefs" should be interpreted in the broad sense of "world view" and that a parent's lack of religious belief receives the same amount of protection as any particular religious belief.

Full post as published by Religion Clause on February 04, 2010 (boomark / email).