Marie

Monte Mentry (father) appeals from that portion of a restraining order which prohibits him from engaging the children of the dissolved mar *262 riage in any religious activity, discussion, or attendance during visitations and from providing them with articles, publications, or other religious material, while they are in his presence. We reverse due to the absence of evidence of harm to the children and our resulting belief that the order represents an unwarranted intrusion into family privacy.

The Facts

The facts are undisputed. The marriage between the father and Betty Mentry (mother) was dissolved in 1979. They had two children, Sherry and Steven, who at that time were seven and six years old, respectively. During the marriage, both parents were observant members of the Church of the Latter-Day Saints (Mormon). The wife separated from the church at about the same time she separated from her husband, and joined a different church. 1 The interlocutory decree, which awarded the father visitation rights, made no mention of the religious issue but in April 1980, when he sought to expand his visitation rights, the mother countered by seeking an order enjoining him from…

I respectfully dissent.

I have no difficulty in accepting the general proposition that “a court will not enjoin the noncustodial parent from discussing religion with the child or involving the child in his or her religious activities in the absence of a showing that the child will be thereby harmed.” (In re Marriage of Murga (1980) 103 Cal.App.3d 498, 505 [ 163 Cal.Rptr. 79 ].) However, I believe the evidence presented at the trial below and my analysis of California and sister-state case law compel an opposite conclusion to that reached by my colleagues.

*271 For all of her life, until one year before separation, Betty Mentry (mother) was a member of the Church of Jesus Christ of Latter-Day Saints (Mormon). She taught Sunday school for approximately 20 years and attended the Mormon Church on a regular basis. She married a man of the same faith and practiced the religion in her home. Each Monday, the family gathered for “family home evening,” a weekly reaffirmation of its faith and the family unit. The children were blessed and registered with the church. Each Sunday the family went to church together, with the children attending their own meetings in the morning and sacrament…