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(Court of Appeal, Maurice Kay, Munby LJJ, Sir Stephen Sedley, 4 October 2012)
Both the mother and father were a part of the Chassidic community of orthodox Jews. Following their separation the mother remained an orthodox jew but did not remain part of the Chassidic community. A residence order was made in her favour in respect of the five children with provision for extensive contact with the father. The judge also ruled that the children should attend the schools proposed by the mother which were far less restrictive than those selected by the father.
The father appealed claiming the judge was wrong not to make a shared residence order and that he shouldn't have endorsed the mother's proposed schools.
The prevailing consideration was the best interests of the children and the objective must be to maximise opportunities available to them. The father's choice of school would restrict their opportunities. The judge was entitled to decide that the mother's proposals were in the best interests of the children. Refusing permission to appeal the residence order; dismissing the appeal in respect of the choice of education.
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