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Kendall v. Kendall

Supreme Judicial Court of Massachusetts

687 N.E.2d 1228 (Mass. 1997)

Relevant factsFree

Barbara (plaintiff), an Orthodox Jew, and Jeffrey Kendall (defendant), a member of a fundamentalist Christian church teaching that non-adherents (including Jews) go to hell, had three children who self-identified as Jewish but didn't want to disappoint Jeffrey. Jeffrey wished to indoctrinate the children into his faith, causing ongoing conflict the children were aware of; a guardian ad litem's report found the children were suffering emotional distress from the religious conflict, particularly Jeffrey's teachings implying that they and their mother would go to hell. The trial court granted Barbara a divorce, awarded joint custody, and ordered both parents not to indoctrinate the children in a way that would alienate the other parent or cause emotional distress; Jeffrey appealed, arguing the order violated his free exercise of religion.

IssueFree

Whether a parent's religious liberties can be limited in a custody proceeding if the limitation is necessary to serve the best interests of the children.

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