Saddle up your camels, ladies, we're off to battle! A free-wheeling commentary of a lady who believes that women belong in combat, certainly not in the military, but in the home -- in the spiritual battle for their families. Join us on the frontlines as we cover homeschooling, the culture wars, raising sons, virtuous manhood and womanhood, helping our husbands, femininity, serving Christ the King, and all other fronts in the holy war we face. Up camels!

Saturday, March 21, 2009

Divorce and Homeschooling

I recently posted a bit about the recent divorce case involving the Mills family in which the judge has ordered the children to be put in public school next year. I wasn't satisfied with my post on rereading it, so I took it down. If you commented, please feel free to comment again, I didn't see your comments until I had taken it down and now there's no post to attach them to.

I want to address the situation in general, not in specifics. I wrote on this blog some time ago, an open letter to homeschooling parents considering divorce. Once again, we see that when you enter the divorce court, you are telling the government that the adults in the situation can't agree and you are handing over all authority in your family to the judge.

I am very concerned about the unbridled authority divorce court judges have, but I am even more concerned about the unlimited authority family court judges have in cases where the parents agree, but the government does not. I am thinking of situations such as families dealing with false social services allegations, or situations such as homeschooling and private schooling families are facing in Germany, where children are being removed from the home solely because they are not in public schools. Where should a judge's authority end?

That's a very hard question - and one that can cut both ways. A judge that is limited from stepping in against our side, may also be limited from stepping in on our side. I believe a lot of folks don't understand that.

So what can we do? I think one of the best things we can do is to educate individual judges. Are there any judges in your circle of acquaintances? If not, you probably ought to get involved in your local political party. If so, make an opportunity for them to meet your children and to get to know you as a homeschool family. One positive example can change someone's whole attitude. Another thing we can do is work to get homeschooling parents and homeschool friendly people elected to the judiciary. A few years ago, we were able to get a homeschool dad elected to our state Supreme Court. Now there are at least two judges on the court quite friendly to homeschoolers. You can win the friendliness of likeminded judicial candidates by working on their campaign and just letting them know your family. Another thing I would like to see is state homeschool organizations seeking out judicial conferences and offering to present workshops on homeschooling law so that all judges are better educated about educational freedom.

1 comment:

Hal said...

Your point about handing over authority is right on target, and Judge Mangum points it out before announcing his ruling:

Only when two parents reach an impasse and have specifically asked the Court to make these decisions for them can the Court do so. These parties have reached that impasse and both parties have asked the Court to decide the issues in this case.

(The complete order is linked from N.C. Homeschool News. The bold face is in the original document.)