In Fox v. Garzilli, 2005 PA Super 175 (May 2005); the Superior Court addresses a case in which the children were enrolled in Father's school district but Mother wanted them enrolled in the school district where she lives. Mother and Father originally agreed that the children would enroll in Father's school district. However, this agreement was "without prejudice to either party seeking a change in the school." "Without prejudice" is legal lingo in this case that means that an agreement is being entered into but the parties contemplate that it may change later and when a change is considered, both parties stand on equal footing. One party does not have a greater burden to prove why the status quo should change.

In this case, the court looked at all of the factors and reversed the trial court's decision. Ultimately, Mother prevailed. However, it is significant to note that, according to the opinion, the hearing in this matter took place in June 2004, which is when the trial court ordered that the children enroll in Father's school district. The Superior Court's order came out on May 13, 2005. Mother waited nearly a year for the decision, albeit in her favor. This means, however, that the children also spent a year in a school district that they would ultimately leave.