Scolavino v. Scolavino

Summary

The Appellate Division, Second Department, affirmed an order declaring that the parties' joint-custody stipulation required them to consult in good faith and jointly resolve all major decisions concerning their children. The court held that decisions beyond health, education, and religion—including dental care, therapy, psychiatric care, extracurricular activities, summer programs, day care, and tutoring—fell within the stipulation's major-decision framework and were subject to the parent-coordinator process.

Holdings

1. The stipulation required the parties to consult in good faith and attempt to jointly resolve all major decisions concerning their children.
2. The stipulation's major-decision provisions included matters beyond health, education, and religion, including dental care, summer camp and programs, day care, therapy, psychiatric care, and extracurricular activities.

Questions Presented

1. Whether the stipulation required the parties, consistent with their joint legal custody arrangement, to consult in good faith and attempt to jointly resolve all major decisions concerning their children.
2. Whether the stipulation's major-decision provisions extended beyond health, education, and religion to matters including dental care, therapeutic and psychiatric care, extracurricular activities, summer programs, day care, and tutoring.

Disposition

affirmed