Roberts v. Roberts
Court of Appeals of Virginia
586 S.E.2d 290 (2003)
After Sonja (plaintiff) and Jeffrey Roberts (defendant) divorced, Sonja had primary custody, but she later petitioned to suspend or modify Jeffrey's visitation because their children disliked visiting him -- he made them read the Bible, do chores, used corporal punishment, and repeatedly told them Sonja was condemned to hell for adultery and that they too would go to hell if they disobeyed him. The children faked illness to avoid visits, their schoolwork suffered, and an expert testified Jeffrey's condemnation of Sonja and his teaching that women should be subservient risked real psychological harm; Jeffrey agreed to counseling but never followed through. The trial court found Jeffrey's conduct unconscionable, limited him to weekly 30-minute monitored phone calls, and Jeffrey appealed, arguing this violated his constitutional right to free exercise of religion and to direct his children's religious upbringing.
Whether restricting in-person visitation because a parent threatened and religiously condemned the other parent and the children violates that parent's free exercise of religion or right to contribute to the children's religious education.