Every so often, a new “non-family law” decision surfaces which is relevant for family law practice. Y.B. and F.B. o/b/o S.B. v. Howell Township Board of Education, released on July 19, 2021, presents such a case. 

The Y.B. decision, rendered by the U.S. Court of Appeals for the Third Circuit, involves a matter which (a) did not involve a divorce, separation, or other family law dispute, but (b) resulted in a ruling that potentially can be significant in family litigation, mediation or negotiation between parents of a child with developmental disabilities. The relevancy increases in situations such as where one or both parents are considering relocating the child from a present school district to another one, either due to the proposed sale of a joint home, or a proposed removal application by a custodial parent relative to the child. 

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