Thereafter, the mother sought to restrain the father from having the children violate any Jewish dietary or any Sabbath constraints during his visitation. The trial court ordered that the father had to have his daughter’s comply with Jewish dietary laws during his visitation time. The father opposed the family court’s imposition of such restrictions as a violation of his First Amendment constitutional rights.
The case was then appealed. On appeal, the Appellate Division overturned the trial court’s decision. The Appellate Division acknowledged that the mother, both by the PSA and as her role as custodial parent, had the right to select the religious training and upbringing of the child. Moreover, the Appellate Division noted that it would be reluctant to interfere with the mother’s role as the primary caretaker. Nonetheless, the court concluded that this policy had to be balanced with the goal of promoting a strong, loving relationship between children and the non-custodial parent through an appropriate unrestricted visitation schedule.
Therefore, the Appellate Division concluded that absent such proofs, that the father would not be required to observe the Jewish Sabbath and dietary laws during his visitation with the children. The Appellate Division further held that it would not impose an affirmative obligation on the father to observe the Jewish religious laws. The court found that there was no evidence presented that the children’s nonobservance of the Jewish law during their visitation would endanger their physical or mental well being.
c. McCown v. McCown, 277 N.J. Super. 213 (App. Div. 1994).
Here, the parties were divorced in 1991 after a twelve year marriage. There were two children born of the marriage, and the judgment of divorce provided for joint legal custody with physical custody to the defendant/mother.
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