8-December-2004 -- EWTNews Brief
CLEVELAND, USA, December 8 (CNA) - An Ohio woman
is waiting to hear from the Catholic Church's international tribunal in Rome
whether her husband has a lawful reason, according to the Catholic Code of Canon
law, for leaving her and their four children.
Marie MacFarlane expects the ruling of the Apostolic Tribunal of the Roman
Rota Dec. 8, the feast of the Immaculate Conception. That date also happens to
be the couple's 14th wedding anniversary.
MacFarlane feels she was abandoned for no just reason and the civil divorce
system is hurting her family. A practicing Catholic, she turned to her Church
and its code of laws.
In an attempt to save her marriage and protect her children from being
forcibly removed from her home, MacFarlane took her case to the Diocese of
Cleveland Tribunal.
MacFarlane believes that since her husband professes to be an obedient
Catholic, there is the chance that he would stop his divorce if he was
authoritatively advised by the Catholic Church that he is doing something
unacceptable.
She asked the Cleveland Tribunal to determine whether her husband has "a
lawful reason to leave" the marriage, according to canon 1153. However, the
tribunal refused to investigate the case, so she appealed to the next higher
court, the Archdiocese of Cincinnati.
The panel of three-judges in Cincinnati also rejected the petition. The case
was then taken to the highest court, the Apostolic Tribunal of the Roman Rota.
If the Vatican Rota issues a decree, stating that MacFarlane's husband does
not have reason to leave the marriage and obtain a typical no-fault divorce, he
could be restrained from using the civil courts to force his children to be
removed from their mother. Also, he could be required to pay her long-term
spousal support because she can't get remarried.
MacFarlane's attorney advised the civil court of the couple's de facto
prenuptial agreement to follow the Code of Canon Law and the Vatican Rota's
decision could provide guidance to lower tribunals throughout the United States.
This case could also establish principles bishops might use for new regional
church legislation, protecting sacramental marriages.