NEWS

Parental Religious Differences in Raising Children

In the case of Macri (2010) the Federal Magistrate granted the father an injunction against the mother’s proposal for the formal introduction of their children (aged 8 and 10) into the Jewish faith by allowing the children to participate in their Bar Mitzvah or Bat Mitzvah when they become of age (13 for boys and 12 for girls).

In this matter, the Father was Catholic and the Mother Jewish. The Court reiterated that it is not its role or task to decide whether one religion is preferable to another. The Court had to consider what is in the best interests of the children based on the considerations set out in s60CC of the Family Law Act. In this matter the Court saw no reason to commit the children now, to a particular religion, where there was no proof that if the decision was deferred until the children were 12 or 13, it would be detrimental to them.

The Court preferred the father’s view that Australia is a multi-cultural and secular society and the children should have the opportunity to directly experience the culture and traditions of the religion’s practice without committing the children to one particular religion at such a young age.