NEWARK, N.J. (CBSNewYork) — A New Jersey family fighting to keep two daughters in the Catholic school that expelled them has been sanctioned by a judge.

As WCBS 880’s Kelly Waldron reported, the parents of 13-year-old Sydney Phillips have been ordered to pay the legal fees for St Theresa’s School in Kenilworth and the Archdiocese of Newark for time lawyers spent trying to take depositions from them.

Sydney’s father Scott sued the school late last year to get his daughter on the boys basketball team when the girls team was cancelled for the season.

He won the case, but the school then rejected the applications for Sydney and her younger sister to return in the fall — so he went back to court to try and reverse their expulsions.

WCBS 880 reports the attorney for the Archdiocese sought the sanctions, saying Phillips and his wife refused to answer 95 percent of the questions at the depositions.

The family’s attorney told the court she advised them not to answer, Waldron reported.

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