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Reason
Reason
Eugene Volokh

Court Allows Mother's Relocation with Son to Saudi Arabia, Partly Because Son and Both Parents Are Muslim

In Coffee County (Alabama) Circuit Court Judge Henry T. Reagan II's decision Nov. 19 in Wasmiah v. Raymond, a divorcing "husband request[ed] a court order preventing the wife from relocating the minor child to Saudi Arabia," but the court said no. There were many reasons, including various secular concerns about the father's conduct, but the court often mentioned the child's being a Muslim. I'd love to hear what readers think about this:

The parties were married on November 7, 2014. The husband was previously married and has adult children. The wife is a natural born citizen of Saudi Arabia and maintains a dual citizenship in the United States of America. The parties have … a son, born August 2, 2015. The husband is age 71 years and the wife is age 41 years. The parties have lived in Coffee County, Alabama for the entire duration of their 11-year marriage….

The wife described how she first met the husband while he was working in Saudi Arabia. She testified the husband had converted to the Muslim faith before the two met. After knowing each other for two years, the wife agreed to marry the husband and relocate to Coffee County. Alabama. She gave birth to their son after moving to the U.S.A.

The parties are both members of the Islamic faith and agreed to raise the minor child as a Muslim….

The child … was not involved in any church, mosque, or community activities other than attending public school….

This court received no evidence regarding how often the child conducts his five daily Islamic prayers required of its followers. But this court is generally aware that most elementary school children in the Enterprise City School System do not engage in daily Islamic prayers. Relocating the child to Saudi Arabia would have a positive impact on the child's ability to practice his Islamic Faith. The court believes the child would likely have a feeling that he "fit in" better in Saudi Arabia….

The evidence established the child has deeper roots in Saudi Arabia than in Alabama. The child has more family members and playmates in Saudi Arabia than in Alabama. His Islamic faith is more common in Saudi Arabia than in Alabama. The opportunity to practice and strengthen his faith is greater in Saudi Arabia than in Alabama….

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