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27 July 2012
Issue: 7524 / Categories: Features , LexisPSL
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Conflicting views

Geraldine Morris on the approach to religion in family proceedings

The media love a celebrity divorce, so the recent news that actor and leading member of the Church of Scientology, Tom Cruise, is to divorce for the third time has inevitably attracted a lot of attention and speculation. Reportedly a cause of concern to the third Mrs Cruise, Katie Holmes, is that of their daughter’s religious upbringing within the Church of Scientology. Disagreements on religious upbringing may arise in any family and in this jurisdiction there is a range of potential courses of action available under the Children Act 1989 (ChA 1989), although alternative dispute resolution methods, particularly mediation, should always be the first port of call. In law, parents do not have to provide their child with any religious instruction, thus issues arise only where one parent is keen for a child to receive religious instruction or where the parties are of different religions and have strong views.

The starting point is that religious influences are significant in terms of a child’s future welfare and thus are

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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