The First Custody Order awarded Mother primary custody of the parties’ five minor children during the school year subject to Father’s reasonable visitation… [A year and a half later, the magistrate changed this, concluding] that Father would have primary physical custody of the parties’ three youngest children, while Mother would have primary physical custody of the two eldest children. In so holding, the court found that Mother had engaged in alienating behavior through her actions related to, among other things … allowing E.O. [the second-oldest child] to indoctrinate her younger siblings on religious beliefs. …

[T]he magistrate concluded that “[i]n this case, it is clear to this Court that [Mother] has engaged in alienating behaviors which initially damaged [Father’s] relationship with [R.O.] and [P.O.] and has ruined [Father’s] relationship with [A.O.] and [E.O.]. The court identified Mother’s alienating behaviors as follows:

… [A]lthough we recognize that the magistrate court indicated that its decision in the Second Custody Order had nothing to do with religion, the religious overtones in the Second Custody Order strongly suggest otherwise. Therefore, we reiterate and emphasize that in custody disputes, courts “must refrain from entering the tangled web of religion altogether.” Indeed, this Court has stated that when trial courts do not follow the established rule of noninterference in religious matters in child custody cases without an affirmative showing of compelling reasons to do so, it is tantamount to a manifest abuse of discretion. Therefore, to the extent that religion was a factor in the magistrate court’s decision to alter the original custody arrangement in this case, it was a manifest abuse of discretion.

The magistrate court indicated at the November 25, 2015 hearing that it did not consider religion in reaching its decision, but that it was an example of Mother allowing E.O. to “indoctrinate” the younger children with her negative views about the LDS Church. Idaho law does not stand for the proposition that divorced parents must prevent their children from expressing their own views and opinions on matters to their siblings simply because they may not be in line with the other parent’s beliefs or views. This is particularly true when, as here, there is only evidence of isolated incidents rather than a pattern of conduct designed to drive a wedge between the children and the other spouse. There are often discussions that occur between siblings, and without proof of Mother instigating or conniving to manipulate the children, or even being present during such conversations is speculative. …