Custody Disputes and Alternative Religions in the Courts of England and Wales

Abstract

The courts in England and Wales have repeatedly claimed that they occupy a position of religious neutrality when faced with a case involving parties from two differing religions. While this assertion may well be true, when established, traditional religions are involved, it does not appear to be so clear cut, when one of the religions could be described as a ‘new religious movement’ or an ‘alternative religion’. Perhaps the most telling area of law in which to examine the courts’ alleged neutrality is in custody disputes in family law, as it is in these cases that the religious practices of the parents have sometimes become a factor in the case and judges have been more likely to express their opinion of such religious practices. This article analyses the approach of judges to such disputes and demonstrates that the judges tend to maintain a bias towards Judaeo-Christian morality.