Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision)
A decision to circumcise a child for religious reasons is one which requires the agreement of both parents with parental responsibility, or else the court's approval, decided by reference to the child's welfare.
Facts
J was the son of a non practising Christian mother and a non practising Muslim father, who were separated. J lived with his mother. The father applied for specific issue orders that J should be brought up in the Muslim faith and circumcised. The mother opposed both applications. The judge refused the applications, finding that J was not a Muslim and that circumcision was not in his best interests.
Legal principle
The Court of Appeal dismissed the father's appeal. Dame Elizabeth Butler-Sloss P said that there are some important decisions about a child's upbringing, including circumcision, which should not be taken unilaterally by one parent, but require the consent of all those with parental responsibility, or the approval of the court. The judge had been entitled to decide, in the light of all the circumstances, including J's secular upbringing with his mother and the irreversible nature of the procedure, that circumcision was not in his best interests.
Related cases on private law disputes about children and child abduction
- Re B (A Child) (Residence: Biological Parent) [2009] UKSC 5, [2009] 1 WLR 2496
- Re C (A Child) (Immunisation: Parental Rights) [2003] EWCA Civ 1148, [2003] 2 FLR 1095
- Re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51, [2007] 1 AC 619
- Dawson v Wearmouth [1999] 2 AC 308
- Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144
- Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
- Re G (Children) (Residence: Same-sex Partner) [2006] UKHL 43, [2006] 1 WLR 2305
- Re J (A Child) (Custody Rights: Jurisdiction) [2005] UKHL 40, [2006] 1 AC 80
Studying family law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
