Will the courts get involved in resolving the dispute?
Over the past few months our firm, Nussbaum Family Law, has received inquiries from clients whether or not their child or children should attend school in person or remotely if there is a dispute between the parents how the children should attend school. This issue came before the court in New Market in August. The court determined that it is not the court’s role to determine whether it is safe or not to attend school. That is the role of the government and the government has determined that it is safe for children to attend school and unless there is a mitigating circumstance, there is someone at home who is at risk, the child is at risk, the children shall attend school in person. The court’s role in these particular circumstances is to determine if there is a mitigating circumstance. If there is not and the child is healthy and there is no one in the home who is at risk, the children should generally attend school in person.