In Re Marriage Of Hadee

619 P.2d 374 (Wash.App. 1980)

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Nature of the Case

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Facts

H and W were members of the First Community Church, a fundamentalist Christian sect which demands much of its members' time, their total loyalty, and a subservience to the teachings of the church. The church teaches a strict code of discipline as a means of gaining parental control of children. W admitted that on one occasion she had her other children hold her daughter Lisa while she spanked her with a ping-pong paddle for 2 hours. W testified that usually, only a few spankings were necessary. It is unclear whether H sanctioned W's disciplinary practices. Witnesses testified that the church teaches enforced isolation and fasting as another means of discipline. The church also teaches that there are essentially two classes of people: 'natural people' and 'spirit-filled people' who have repented, been baptized and received the Holy Spirit. There was testimony that children were taught to use foul language when speaking to other children who were 'natural people,' and that there was nothing wrong with lying to 'natural people.' W denied that church members were taught not to associate with 'natural' people. H and W separated in 1978. There was also a split in the church. H went with the group that left the church while W stayed. W testified that she would allow H visitation if she were given custody of the children. She testified that she did not want custody of Lisa at that time unless 'she is ready to live right and walk right with the Lord.' H testified that the church exercised control over its members to whatever extent possible. He said that he never treated his children violently, but had slapped and kicked W in the children's presence following their separation. He did so, he testified because on one occasion she would not talk to him and on another, she cursed him and began 'speaking in tongues.' W's sister-in-law testified that the parties' religion had not had bad effects on the children and that their conduct was exemplary. Others testified similarly. H's sister-in-law testified that the church taught parents to spank their children until they stopped screaming. She further testified that ex-members were shunned. Another church member testified that ex-members were ostracized and that some parents beat their children while others did not. According to this witness, the church came before family for W. Three of the children were interviewed in chambers. The shrink's report stated: 'It is probably in the children's best interest to maintain contact with their father if this can be done without mother and father having open, hostile fighting. I have discussed this with both parents. If the children are uncomfortable with visitation for whatever reasons, I think that is important for the adults involved to understand that this is probably the children's response to the environment and identification and it would not be in their best interest to be forced to visit either parenting figure.' The court held that the best interest of the parties' other minor children is served by placing those children in the custody of the Respondent, H, subject to reasonable rights of visitation for the W. W was given custody of the oldest child. W appealed.