This section contains the nature of the case and procedural background.

Mary (W) and Clarence (H) were divorced, and the decree incorporated a separation agreement between W and H concerning their son. A dispute arose over that agreement when W wanted to enroll the boy into a school sponsored by the Tibetan Buddhists. H was invited to participate in the selection of that school but failed to show up and investigate the school. The trial court refused to intervene as it deemed by this act alone that H had failed to exercise his rights under the agreement. H motioned the court again, and the court refused on the grounds that the agreement made no provision for resolution of disagreements concerning the selection of schools and that absent such a provision the custodial parent has that decision-making authority. H appealed, and the appeals court overturned which produced this appeal to the Supreme Court of Colorado.

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