The questions here seem to stem from the fact that the parents involved are going through a divorce. If they had not acquiesced to the push to get government permission/sanction to get married, then this would not have gone to the government court, but would have been decided in a private arbitration situation. Government marriage licensing is a bad idea, and leads to this kind of unsatisfactory outcome. If one looks at the case on the superficial side, ie, the side that doesn't question the underlying problem of having a government judge decide what will happen for all parties in volved, then one must ask, "who is getting custody of the kids?" If it is the woman, then should she not have the bulk of the say as to how the kids are going to be educated?

Take a look:

http://www.wral.com/news/local/story/4727161/