Julie Robert v. Harry Paul Robert, II

• Court: Louisiana Court of Appeal
• Decided: July 29, 2025
• Docket: 2025 CW 0629
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

JULIE ROBERT NO. 2025 CW 0629 VERSUS

HARRY PAUL ROBERT, II JULY 29, 2025 In Re: Julie Robert, applying for supervisory writs, Family

Court Judicial District Court, Parish of East Baton Rouge, No. 189174,

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ. STAY DENIED; WRIT DENIED.

HG TPS

McClendon, C.J., agrees in part and dissents in part. I agree that the stay should be denied. However, I would reverse the family court’s May 27, 2025 judgment ordering the minor child to attend Catholic High School. La. R.S. 9:335(B)(3) provides in pertinent part that “[a]ll major decisions made by the domiciliary parent concerning the child shall be subject to review by the court upon motion of the other parent. It shall be presumed that all major decisions made by the domiciliary parent are in the best interest of the child.” “The burden of proving they are in fact not in the best interest of the child is placed on the nondomiciliary parent who opposes the decision.” Lawson v. Lawson, 48,296 (La. App. 2d Cir. 7/24/13), 121 So.3d 769, 773. In this matter, the parties agreed to a stipulated judgment providing that decisions submitted to an arbitrator would be binding, and the arbitrator’s decision would function as a domiciliary parent’s

decision. Further, the stipulated judgment provided that any parent challenging the arbitrator’s decision would do so in the posture of a non-domiciliary parent. Accordingly, I would find

the family court abused its discretion because it did not apply the proper presumption to the arbitrator’s decision and would affirm the arbitrator’s decision that the minor child attend Parkview High School.

~OURT OF APPEAL, FIRST CIRCUIT

CLERK. FOR THE COURT