On 3 March, 2017 I refused the application to transfer to the High Court and adjourned an application for a s7 welfare report and due to shortness of time adjourned the full hearing to 29 March, 2017 when I had time to hear evidence.ħ. The matter was then listed for a final hearing on 3 March, 2017 with a time estimate of one day before me. The Father gave undertakings not to introduce C to services, conventions, assemblies, religious cartoons or media or any on line Sunday service until further order. On that date District Judge Burgher made an agreed interim child arrangements order that C live with the Mother and spend time with the Father including on alternate weekends commencing 16 December, 2016 after school on Friday to 6m on Sunday and on Tuesdays and Wednesdays from after school to 6pm. The applications were listed for a First Hearing Dispute Resolution Appointment on 14 December, 2016. The Father then applied for child arrangements and specific issues orders (for the court to determine when C should spend time with the Father and to determine C's involvement in the Father's religion) which were issued on 13 October, 2016. The Father then spoke to C on the phone but from the Father's point of view there was limited direct contact. As part of the mediation process the Mother sought restrictions on C's involvement in the Father's new faith which the Father did not agree to. The Mother and Father agreed that C should live with the Mother and attempted to agree on how C should spend time with the Father via mediation which unfortunately broke down on 26 August, 2016 because of disagreements as to how C should be involved in the Father's new religion. C and the Mother remained in the family home. In July, 2016 the Father left the family home to reside in a one bedroom flat. The Mother is concerned that the Father has become obsessed with his new faith and that aspects of it are and will be harmful to C.Ħ. He is to be baptised into the religion in April, 2017. The Father says that his new found religion was an important part of his recovery and that his new faith is essential to his new life. This put a strain on the relationship with the Mother saying that the Father became from her point of view 'unrecognisable' and 'completely focused on his religion'. In May, 2015 the Father started to study to become a Jehovah's Witness. After discharge from hospital he was prescribed with medication. ![]() In March, 2015 the Father suffered a mental health breakdown and was spent 10 days in hospital. The Father did take C to Kingdom Hall meetings once or twice when the Paternal Grandmother visited. They celebrated birthdays, Christmas and Easter as a family. During the parents' 15 year relationship neither party practiced a religion. The parties met from about 2000 and married on 13 September, 2003 at a civil ceremony. I then ran out of time so adjourned the case for the advocates to make written submissions by 19 April, 2017 and for the parties to return on 9 May, 2017 for me to deliver judgement. On 29 March, 2017, having read the bundles of documents as set out in the index and the parties' position statements and skeleton arguments, I heard evidence from both parents and was shown some examples of bibles stories and cartoons as illustrations of religious teaching. I adjourned an application by the Mother for me to order a s7 welfare report (again opposed by the Father) until after I had heard evidence and submissions from the parties.Ĥ. I ruled that such a transfer was unnecessary since the applicable legal principles had been settled in the Re N cases and transfer would involve unnecessary delay which was not in C's best interests. At an earlier hearing I refused an application by the Mother to transfer the case to the county court for onward transmission to the High Court (opposed by the Father). The Mother raised concerns about the Father's religious beliefs and how these might harm C via her C1A which she returned on 10 November, 2016.ģ. The Father applied for a child arrangements order issued on 13 October, 2016 to spend time with C and for a specific issues order allowing C to be part of the Father's religious beliefs, namely to follow the teachings of the Jehovah's Witness Church. ![]() C's Mother is M who appeared in court represented by Ms ShillingfordĢ. C's Father is F who appeared in court represented by Ms Dunn. I am concerned with a child, C, aged 6 years and 9 months. Ms Julia Shillingford (Thomas Haywood) appeared on behalf of the Motherġ. ![]() Ms Samantha Dunn (Woodfines) appeared on behalf of the Father IN THE MATTER OF C (Child: Involvement in Jehovah's Witness Religion) DISTRICT JUDGE (MAGISTRATES' COURTS) DODDS
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