Robert H. Siegel Obtains Victory in Rare School Selection Trial

Posted on July 5th, 2017

Robert H. Siegel, Esq. recently won a trial victory in the Monmouth County Superior Court, Family Division, where the trial court ruled in favor of AGA clients seeking to enroll their minor child at a private high school in Monmouth County.

The case presented a rare factual scenario with two parents sharing joint legal and joint 50-50 residential custody of a high school-aged child, and contesting whether the child should attend the public high school in the town where the mother resides, or a private high school preferred by the father.

After a five-day trial that took place over five months, the trial court ruled in favor of AGA client father, citing pertinent school relocation factors set forth by the Appellate Division in Levine v. Levine, 322 N.J. Super. 558 (App. Div. 1999) and Asch v. Asch 164 N.J. Super. 499 (App. Div. 1978). The court also took into consideration an interview with the child that was conducted upon a pre-hearing motion by AGA counsel requesting same under the Rules of Court (R. 5:8-6), and the “best interests” standard set forth by the Appellate Division in D.A. v. R.C. 438 N.J. Super. 431 (App. Div. 2014).

The trial court placed its ruling on the record in court on June 26, 2017, and the legal basis for its holding could impact future cases where parents having shared residential custody cannot agree upon a child’s high school enrollment.

 

For questions concerning family law matters, including custody, support, and enforcement issues, please contact Robert H. Siegel, Esq. (rhs@ansellgrimm.com).