Legal Question in Family Law in California

Family Law

My sister and the father of her child share joint legal custody and joint physical custody of their 7 year old daughter. However, he has lost custody several times due to drug, depression and anger issues. He currently only has supervised visits, but he still has joint legal custody. My sister and her new husband want to enroll my niece in a private Catholic School. Her father is against it. He recently went to the principle of the school and told her that he didn't want his daughter attending.

He is Christian but not religious and did not object to my sister baptizing their daughter or to her attending Sunday School.

Does my sister have to go to court to get permission to enroll her?

Thanks.

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