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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________

Laconia Family Division No. 2009-751

IN THE MATTER OF MARTIN F. KUROWSKI AND BRENDA A. KUROWSKI Argued: January 6, 2011 Opinion Issued: March 16, 2011 Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief and orally), for the petitioner. John Anthony Simmons, Sr., of Hampton, by brief and orally, for the respondent. Michael Donnelly, of Purcellville, Virginia, on the brief, for the Home School Legal Defense Association, Christian Home Educators of New Hampshire, and Catholics United for Home Education, as amici curiae. Welts, White & Fontaine, P.C., of Nashua (Lisa A. Biron on the brief), for Cornerstone Policy Research, as amicus curiae. LYNN, J. In recent years, home schooling has become a widely used alternative to more traditional public or private schools as the vehicle for educating children. Courts have neither the mandate nor the expertise to

determine, from among these options, which generally provides the most suitable education. When divorced parents are unable to agree on such educational choices for their minor children, however, courts are called upon to make these difficult and sensitive decisions, often in a highly contentious atmosphere

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New Hampshire Law