Tuesday, May 13, 2014

Child Parenting Time Order Did Not Violate Free Exercise Protections or Establishment Clause

In In re Peace v. Peace, (AZ App., May 8, 2014), an Arizona state appellate court rejected a divorced husband's claim that a trial court's order modifying parenting time violated his free exercise rights and the Establishment Clause.  At issue was a provision in the court's order providing that the wife will have the children on Christmas Day in odd-numbered years, and the husband shall have them in even-numbered years.  The husband complained that the court order did not mention the holy days of his Baha'i faith. The court concluded that the trial court's order does not endorse Christianity nor burden husband's religious exercise.