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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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