In re the Marriage of Griffin

STERNBERG, Judge.

Clarence A. Griffin appeals the denial of his motion to enforce a provision of the separation agreement between his former wife, Mary, and himself concerning the choice of schools for their son, Hardy. We reverse and remand for further proceedings.

The trial court had incorporated in its dissolution of marriage decree a separation agreement entered into between the parties. In that agreement the mother was given custody of the son, but certain legal rights were expressly reserved to the father with respect to the boy. Among these were that:

“Both parents shall fully and equally…