Summary
In Hackett v. Hackett (App. 1958), 78 Ohio Law Abs. 485, 150 N.E.2d 431, the Sixth District Court of Appeals held that a custodial parent could not be forced to send her child to a parochial school pursuant to the terms of a separation agreement that had been incorporated into a divorce decree.
Summary of this case from Lawson v. LawsonOpinion
No. 35756
Decided December 24, 1958.
Supreme Court — Dismissal — No debatable constitutional question involved — Contempt proceeding — For violation of divorce decree — Incorporating separation agreement containing provisions of antenuptial agreement — Providing for specified schooling and religious training of minor child of parties — Void and unenforceable — Section 7, Article I, Constitution — "Religious freedom."
APPEAL from the Court of Appeals for Lucas County.
Messrs. Holloway, Peppers Romanoff and Mr. Peter L. Moran, for appellee.
Mr. William A. Finn, for appellant.
The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., STEWART, MATTHIAS and BELL, JJ., concur.