by Aussie Oz 8 Replies latest jw friends
2009 case of interest of course to those undergoing or about to undergo custody disputes.
Basics are that non JW wife was awarded full custody and esp in medical matters (blood came up) . That some limitations were placed on JW Father in regards to involving a child.
oz
Wow there's some embarrassing stuff in this (doll under the father's bed being one example).
It does seem to me that the judge's decision was based on the father's lesser ability to care for the children compared to the mother's, which is not an unusual judgement.
The religious part had very little bearing on the decision, although the judge did note that in the case of blood transfusions, the father stated he would refuse the children a blood transfusion if they needed one.
Isn't it funny how as JWs we can see why he was so anxious to prove adultery and went to the lengths he did although not condoning the madness I can see why he was driven. After all in JW land this is appropriate medieval behaviour and many of us have experienced it. The judge thought his behaviour bizarre and was shocked when he took the kids with him stalking their mother. The judge also raised concerns about the way the husbands talk was driving a wedge between the mother and children and the inappropriate talk that the husband used with his son. Also the husband was so focused on his religious agenda he didn't notice the bigger issues in the children's lives.
I though that it was priceless that the Judge thought cubs was more important to the child than the meeting. A lesson for everyone enrole children in activities that conflict with meetings.
I've always wondered what issues a court might focus on in deciding the best interest of a child. Is there that much different between the US and Australia, Canada, GB, etc.? Here are a few I thought of:
http://www.144000.110mb.com/directory/child_custody_jehovahs_witnesses.html
Does the parent want their child raised as a Jehovah's Witness by the other parent? How much of the child's exposure to that religion is acceptable? Is it in the best interest of the child to allow the Jehovah's Witness parent to prohibit a necessary blood transfusion should the necessity arise? Who decides? How much notice of pending medical procedures is required? Are the risks and hazards of shunning a child or requiring the child to shun others in the child's best interest? Is the child being placed at unacceptable risk by going door-do-door in the Jehovah's Witnesses ministry?
Is it in the child's best interest to prohibit the child from celebrating birthdays, Christmas and other holidays? Who determines with whom the child may associate? What if the child does not want to participate in that religion? Do any of the particular teachings of the Watchtower Society negatively impact the child's psychological well being? How much control of your child by non-family members is acceptable? Can your child be forced to be home schooled by the Jehovah's Witness parent? Is it in a baptized child's best interest to be compelled to shun a non-believing disfellowshipped parent? Is it in a disfellowshipped child's best interest to be shunned by a believing parent and/or siblings?
(12) That the husband be and is hereby restrained from involving J in the religious practice of the Jehovah's Witness Faith known as “witnessing” until he attains the age of 14 years unless the husband is directly present at all times with the child.
(13) That the husband be and is hereby restrained from involving J in any study groups or similar sessions of the Jehovah's Witness Faith (but not Sunday services and Worship) without first attending upon Ms Q and following her advice as to what religious and worldly concepts are appropriate for J at his developmental level.
Does the parent want their child raised as a Jehovah's Witness by the other parent?
NO
How much of the child's exposure to that religion is acceptable?
NONE!
Is it in the best interest of the child to allow the Jehovah's Witness parent to prohibit a necessary blood transfusion should the necessity arise?
NO!
Who decides?
The Doctor with the best interest of the patient
How much notice of pending medical procedures is required?
Both should be made aware of the procedure before it is carried out
Are the risks and hazards of shunning a child or requiring the child to shun others in the child's best interest?
NO!
Is the child being placed at unacceptable risk by going door-do-door in the Jehovah's Witnesses ministry?
YES!
Is it in the child's best interest to prohibit the child from celebrating birthdays, Christmas and other holidays?
NO
Who determines with whom the child may associate? The Parent who the child lives with
What if the child does not want to participate in that religion?
Then they do not have to
Do any of the particular teachings of the Watchtower Society negatively impact the child's psychological well being?
MANY!
How much control of your child by non-family members is acceptable?
None
Can your child be forced to be home schooled by the Jehovah's Witness parent?
Not forced. It must be a joint decision
Is it in a baptized child's best interest to be compelled to shun a non-believing disfellowshipped parent?
No!
Is it in a disfellowshipped child's best interest to be shunned by a believing parent and/or siblings?
NO!
One of the many interesting things, among many, for me was the order that the husband be allowed to furnish the children with mobile phones.
I will be passing this case onto my lawyer for possible future use as i want to get my daughter a mobile phone but her mother insists that if i do, she is not 'allowed' to have it at home! That is, it may only be used when at my place!
Daughter thinks that is just weird and stupid. But i know i will have a little battle here soon over that and the case above's orders may be enough to convince the ex that she better not fight it either.
oz
These behaviors sounds hauntingly familiar...
"The husband led no evidence about Mr G notwithstanding he mentioned him regularly. I have concluded his obsession with Mr G had something to do with the fact that there is or was a relationship between Mr G and the wife. What the problem with that was, in relation to this parenting case, remains a mystery. ..."
"On a negative note, the husband was unable to move beyond his criticism of the wife. He could not find it in himself to compliment or be positive about the wife. When he did refer to her as a good mother, he lacked sincerity. His obsession about the wife's behaviour and her current state of mind was concerning. In final address, counsel for the wife was critical of the husband saying he had no respect for the wife and that he saw no value in her for the children. Counsel described the husband's views as "negative, rude and offensive". It would be tempting to agree with those observations because that is exactly how he did behave towards the wife and portrayed her during his evidence. ..."
Wow...
Deja' vu!!!
