Law - 1 (Dipper v Dipper)
The reader should note that the information below is merely
an extract from the case.
(1980) 1 FLR 286
Comments on Education
Court of Appeal - Roskill, Ormond and Cummings - Bruce L.J - 5 March
It used to be considered that the parent having custody had the
right to control the children's education - and in the past their
religion. This is a misunderstanding.
Neither parent has any pre-emptive right over the other. If there
is no agreement as to the education of the children or their religious
upbringing or any other major matter in their lives, that disagreement
has to be decided by the court. In day to day matters the parent
with custody dominated the situation as far as education or any other
serious matter is concerned is quite wrong.
Cumming- Bruce LJ:
As Ormrod LJ has explained.it is a fallacy which continues to raise
its ugly head that, on making a custody order, the custodial parent
has a right to take all the decisions about education of the children
in spite of the disagreement with the other parent. That is quite
wrong. The parent is always entitled whatever his custodial status,
to know and be consulted about the future education of the children
and any other major matters. If he disagrees with the course proposed
by the custodial parent he has the right to come to court in order
that the difference may be determined by the court.