Nebraska Supreme Court Rules Father Can Send Kids to Church Camp During His Parenting Time Despite Mother's Objections

The Nebraska Supreme Court has ruled that a father may send his children to a church camp during his parenting time, even when the mother objects to the church's views on women. The decision, issued on [DATE], stems from the case Munsell v. Munsell, with Justice Derek Vaughn delivering the opinion.

Background of the Case

Jacob and Libby Munsell married in 2010 and had two children, born in 2016 and 2018. In February 2024, Libby filed for divorce. The couple agreed to joint physical custody with a rotating parenting schedule, giving each parent equal time with the children. However, disputes arose over legal custody and the children's attendance at Jacob’s church and church camp during his parenting time.

Court Rulings on Legal Custody

The trial court initially awarded legal custody to Libby, citing sufficient parental conflict to make joint legal custody unworkable. The Nebraska Supreme Court upheld this decision, affirming that Libby would retain sole legal custody of the children.

Church Camp Attendance During Parenting Time

The trial court had also barred Jacob from sending the children to the church camp during his parenting time, a decision the Nebraska Supreme Court overturned. The high court ruled that Jacob could send the children to the camp during his designated time, despite Libby’s objections to the church’s teachings.

Key Testimonies

Jacob testified that the church he attends follows the tenet that women should be "subservient" to men and that leadership roles are reserved for men. He stated that both he and Libby were raised in the same religion and that the children had attended the church during their marriage. Libby, however, testified that she left the church about five months before filing for divorce, disagreeing with its teachings on women’s roles and the church’s "culture of fear and shame."

After the separation, the children continued attending the church with Jacob during his parenting time, and Libby initially supported this arrangement. However, the parties later disagreed on whether the children should continue attending the church and its camp.

Church Camp Details

The church camp, where Jacob’s parents serve as caretakers, offers a weeklong program featuring Bible classes, crafts, activities, and nature-based learning. Each day includes four 30-to-45-minute classes, with a Bible verse as the central theme. The camp is open to all children, regardless of religious affiliation, and emphasizes fun, friendship, and independence. Jacob testified about his deep involvement with the camp, including serving as a counselor and currently on its board of directors.

Supreme Court’s Reasoning

The Nebraska Supreme Court determined that the trial court’s ban on church camp attendance during Jacob’s parenting time was overly restrictive. The court emphasized that the camp’s primary focus is on recreational and social activities, with religious instruction being a minor component. Additionally, the court noted that the children had previously attended the church and camp without objection from Libby, and that Jacob’s parenting time should not be unduly limited by her personal objections to the church’s teachings.

"The trial court’s restriction on church camp attendance during Jacob’s parenting time was not supported by the evidence and unduly interfered with his custodial rights."

Conclusion

The Nebraska Supreme Court’s decision allows Jacob to send his children to the church camp during his parenting time, reversing the lower court’s restriction. However, Libby retains sole legal custody, meaning she will continue to make major decisions regarding the children’s upbringing, education, and welfare.