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September 10, 2009

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Jeremy

I have not read the court's order, but the one question I have is how much of that order is adopting a position taken by the father of the girl and how much is the court's own language. I believe that in a case like this, that would be a very important distinction. In a shared-custody environment, clearly the court would have to strike a balance somewhere between the competing positions asserted. This could simply be a case of bad facts looking like bad law, as opposed to a statement of the court's legal thinking.

The questions I would have are:

Was the counselor a court appointed counselor on behalf of the child or was she working for the father as an expert?

What were each of the parents actually asking for?

Also, cases at a trial level like this involve lots of conduct by the parties that doesn't show up in the orders. This may be a result of the court simply saying "I've had enough of you people yelling at each other, and I'm gonna decide something."

The question I guess I'm asking is - was this the court's view of this particular homeschooling situation, or was it Dad's?

Robert Kunzman

In response to Jeremy's questions, the counselor appears to have been appointed by the court. My reading of the court decree is that the language and reasoning about the purposes of education and what Amanda stands to gain from public school are from the court's own perspective. But readers can judge for themselves: http://www.nhfamilylawblog.com/uploads/file/KurowskiOrder.pdf
I also get the sense, however, that the court had grown skeptical of the mother's testimony, particularly as it conflicted with the counselor's (see pp. 6-7).

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