Court Allows Mother's Relocation with Son to Saudi Arabia 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….

As previously stated herein, the child's emotional development and spiritual needs will be better met in Saudi Arabia due to the family's Muslim faith. The child will have a better opportunity to practice his faith, socialize with like minded children, and seek guidance from like-minded religious leaders….

The child's quality of life is lacking in Coffee County, Alabama. The court believes the child struggles to fit in. The child is not involved in any school or community activities. The child has no close friendships or family relationships in Alabama. The child has little to no opportunities to practice his Islamic faith in Alabama and likely feels different from the average child in the community.

The child's quality of life would be enhanced greatly by relocating to Saudi Arabia where he will routinely see many family members, attend school with cousins, and practice his faith in a Muslim society. The court believes his quality of life will be greatly enhanced….

The mother seeks to relocate to be near her family, seek employment opportunities, and to raise the  child in Saudi Arabia as a Muslim. The evidence demonstrated that relocation would meet the mother's objectives for the child….

The father opposed the relocation because he would not see the child as often. The evidence demonstrated the father does not take full advantage of current visitation opportunities. Due to the father's medical issues and sleep patterns, he is not awake when the child is active. Relocation to Saudi Arabia could promote a stronger father/son bond. The time zone difference would allow more video chat/gaming opportunities between the father and child. Extended summer visits would allow more consistent time for the father and child to bond. The father is a Muslim and is raising the child in the same faith. Saudi Arabia would provide better opportunities for the child to practice his faith….

The court found the child's home life was lonely and filled with unhappiness…. The family is not engaged in the community, social activities, or religious services. The child does not have a full life with friends, family, extracurricular activities, and religious youth groups. The child has not established roots in Alabama other than living in a house with his parents. The child's family roots, religious roots, and social roots are in Saudi Arabia.

Comments

[Frank Drackman]

Saudi Arabia’s a lot safer than Alabama.

[vampire flames]

The quote from Judge Reagan's opinion shows a depth of understanding of what would be in best interests of the child. Probably not a bunch of the Volokh readers have done a child custody case, but this opinion illustrates a Judge who understands the issues and has a thorough knowledge of the facts.

[ReaderY]

I don’t think the post fairly represents the opinion. The opinion says the child has more connections to Saudi Arabia - family, friends, etc. - and has been somewhat lonely without them. Religion is only one piece, not the whole story.

[apedad]

"I'd love to hear what readers think about this . . . . "

And we in-turn would love to hear your professional opinion.

[apedad]

"The court believes his quality of life will be greatly enhanced…."

Really?

I wonder how they arrived at that.

"Social media activity Saudi authorities deem critical, offensive, or disruptive to public order, could lead to arrest. U.S. citizens have been arrested for past social media activity and comments made while outside of Saudi Arabia. This may include posting, re-posting, or liking comments critical of Saudi institutions, policies, or public life. Saudi laws on cybercrime and terrorism are used to prosecute these cases. Punishment for social media activity has included prison sentences of up to 45 years. Saudi courts do not necessarily consider the timeframe of the posts, or the location from which they were made, to be material." (US State Dept)

[Stupid Government Tricks]

Perhaps if you'd read the article you wouldn't have to wonder. The judge listed many reasons.

[JoeFromtheBronx]

The title of the post, not added by an editor, seems misleading given this:

"There were many reasons [so not "because"?], including various secular concerns about the father's conduct, but the court often mentioned the child's being a Muslim."

What is notable about this opinion in your eyes?

[Eugene Volokh]

Good point -- I've added a "partly" to the title, to reflect this.

What is notable is what I quoted: The court seems to be considering religion quite substantially in the decision, which may raise some potential legal or policy questions related to whether and when secular courts should make judgments based on parties' perceived religions. Among other things, note that there was little evidence that the son himself was that religious; he doesn't seem to go mosque, and there wasn't even evidence that he was religious. So the argument seemed to be that, if you're nominally Muslim, you ought to be in a place where Islam is more common, whether or not you actually care about Islam. Not clear that this is quite right, but again, I'd love to hear what people think.

[Stupid Government Tricks]

there was little evidence that the son himself was that religious; he doesn't seem to go mosque, and there wasn't even evidence that he was religious.

I noticed that too, but it seems like a chicken and egg problem.

How much opportunity does he have to show how religious he is? Obviously infants can't pray at all, let alone five times a day; how do Muslims handle the transition? The father presumably does pray five times a day.

How well do any K-12 US schools accommodate Muslim pupils who want to pray five times a day? Do Muslim-heavy K-12 schools in, say, Dearborn or Minneapolis make it easier for Muslims to pray five times a day, and how does this impact non-Muslims?

[JoeFromtheBronx]

So the argument seemed to be that, if you're nominally Muslim, you ought to be in a place where Islam is more common,

Doesn't the opinion cite various reasons why this specific Muslim would fit in better there?

[Krayt]

Be a Muslim...in a nasty dictatorship lousy with corruption.

[Moderation4ever]

Allowing the relocation seems reasonable. I would hope the boy is allowed to keep dual citizenship and should he wish to return to the US that still be an option for him.

[John F. Carr]

It's hard to argue with the judge's opinion without knowing more about the evidence he heard. Given that both parents want a Muslim child the judge does not have to weigh the merits of different religions. There is no public policy problem as there might be enforcing a foreign divorce agreement from a country that doesn't give women a say in the divorce.

[Bob from Ohio]

Bye. Don't come back.

[Bored Lawyer]

The evidence demonstrated the father does not take full advantage of current visitation opportunities. Due to the father's medical issues and sleep patterns, he is not awake when the child is active. Relocation to Saudi Arabia could promote a stronger father/son bond. The time zone difference would allow more video chat/gaming opportunities between the father and child. Extended summer visits would allow more consistent time for the father and child to bond.

Any long-distance parenting situation is difficult. I do not find this passage convincing. I am dubious that the child will end up having much of a relationship with the father. Religious faith aside, the mother moved to the US and had a child here. She now wants to take him 6000 miles away. I would be skeptical of such a claim.