Supreme Court of Norway Upholds Religious Rights

WHAT circumstances could render a parent unfit to raise a child? This question is fiercely debated in custody cases around the world. Many factors are considered, including each parent’s health, living conditions, and rapport with the child.

But what about religion? Can a parent be declared unfit simply because of his or her faith? This question became the focus of a custody battle in Norway involving one of Jehovah’s Witnesses. More than two years elapsed and three hearings took place before the issue was settled in Norway’s Supreme Court.

It began in 1988. The parents had completely separated by March of 1989, and the mother retained custody of their daughter. The father took the matter to court, claiming that he should be given full parental responsibility for the girl. He asserted that the mother was incapable of providing a normal, healthy upbringing for the child and therefore should be given visitation rights only. The reason for his claim? She was associating with Jehovah’s Witnesses.

Soliciting the “expert” testimony of opposers of Jehovah’s Witnesses, the father set out to convince the court that the teachings and life-​style of Jehovah’s Witnesses conflict with the attitudes and values necessary for responsible parenting. The county court ruled 2 to 1 that the child should remain with her mother for daily care, awarding the father visitation rights. The father appealed the case to the high court. Again, a 2-to-1 ruling upheld the mother’s daily care of the child. However, this time the father was granted extended visitation rights. Furthermore, even the judges who ruled in favor of the mother seemed beset by doubts about the child’s future. With this reinforced foothold, the father appealed the case to the Supreme Court of Norway.

Once again, the father sought to discredit the beliefs of Jehovah’s Witnesses. It would be damaging, he claimed, for his daughter to grow up under such an influence.

The Supreme Court, however, viewed the matter differently. In support of a decision handed down on August 26, 1994, the court’s first judge declared: “The mother’s membership of Jehovah’s Witnesses is no hindrance to awarding her the daily care for the child.” He also said: “I find that the child is functioning well and is a happy girl. She seems to have handled in a fair manner the problems that must arise because her father and her mother have very different views of life.” His conclusion was unanimously supported by the other four judges.

Lovers of truth in Norway greatly appreciate that the Supreme Court judges saw through the false accusations made against Jehovah’s Witnesses. With this decision the court confirmed each individual’s freedom to worship God and to give his or her children a warm upbringing fostered by Bible principles.a

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