Publisher Citation: [2002] All ER (D) 80 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Thorpe LJ and Bodey J

Representation Roger McCarthy QC for the mother.
  Michael Horowitz QC for the father.
Judgment Dates: 7 October 2002

Catchwords

Family proceedings - Orders in family proceedings - Education - Choice of school - Dispute between parents - Judge ordering that choice of school to be determined by mother - Whether judge in error.

The Case

Where a fundamental dispute arose between divorced parents in respect of the choice of school for their child, the parents had a right to a judicial determination and the court could not abdicate its primary obligation to make such a decision by giving sole responsibility to one parent.

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