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Jeffrey (H) was Jewish, and Barbara (W) was Catholic. They married in 1988 and had three children. They agreed that their children would be brought up in the Jewish faith. In 1991, W became a member of a fundamentalist Christian church that held that anyone who did not accept its views of religion and Jesus Christ, were damned to go to hell. H adopted Orthodox Judaism in 1994. W filed for divorce on an irretrievable breakdown of the marriage. A guardian ad litem was appointed to address the religious conflicts between H and W and their effect upon the children. The resulting divorce decree contained restrictions upon religious exposure such that each parent could not use their religious beliefs to alienate the children from the other parent with W getting custody. H appealed the terms of the divorce order.

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