Stepping into a dispute over religious education, a state appeals court ruled on Wednesday that the child of divorced parents could not be enrolled in a Catholic high school over one parent’s protest without fact-finding that it was in the child’s best interests.

"We are satisfied that the factual matrix available to the Family Part judge was wholly insufficient and incomplete to warrant a conclusion that the child’s best interests would be fostered by the [mother's] unilateral decision respecting the child’s high school education," wrote Appellate Division Judges Jonathan Harris and Margaret Hayden in Phillips v. Emerson, A-0737-12.

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