MILLER V. SMITH
989 A.2d 537 (2009)
NATURE OF THE CASE: Mother (M) appealed the refusal of the Court to order Father (F) to
take the parties' six-year-old child to a gymnastics class during F's scheduled visitation
period.
FACTS: M and F divorced after a short marriage. Their daughter, B.S., is now six years
old. M has sole legal and physical rights and responsibilities in the minor child. M filed a
motion asking the court to clarify that F must bring the child to her scheduled activities
on his visitation days. The court refused and explained that the family court could not
referee the details of how the child spent her time with F. F was an adult and during his
time with B.S. he would have to make decisions about the child's activities. It was a
private matter that the court would not supervise. Within reason, how each parent spent that
time was left to the individual parent who was caring for the child at the time. M appealed
from this decision.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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