The Volokh Conspiracy
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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….
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.
