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Religion, children and the family courts

© Copyright LexisNexis 2024. All rights reserved.
Date:26 APR 2013

Simon Johnson

Barrister Stour Chambers Canterbury:

Munby LJ's (as he then was) decision in a dispute between parents about their children's religious upbringing in Re G (Education: Religious Upbringing) [2012] EWCA Civ 1233 [2013] 1 FLR 677 attracted much comment. Simon Johnson's article discusses it in the context of other decisions where issues of religion have been raised. The article considers R v Secretary of State for Education and Employment ex parte Williamson & Others     [2005] UKHL 15    [2005] 2 FLR 374 (parents challenging the ban on corporal punishment in schools on the basis of their religious convictions) Re A and D (Local Authority: Religious Upbringing) [2010] EWHC 2503 (Fam)    [2011] 1 FLR 615 (analysis of a local authority's duty in relation to the religious upbringing of a child in care) and Re C (A Child) [2012] EW Misc 15(CC) (county court judge giving weight to the wishes of a 10 year old as to her religious affiliation). It shows how the court has approached the balancing of Art 9 rights...

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