What is the test for establishing that a change of school placement is in the child's best interests?

Ontario, Canada


The following excerpt is from Bandas v. Demirdache, 2013 ONCJ 679 (CanLII):

Other cases have made this point by reference to the need for cogent evidence to show that a change of schools is in the child’s best interests. The reason for this is understandable from the child’s perspective. A school age child will likely have already formed attachments to the school he or she attends. Continuing the child’s existing school placement promotes stability in the child’s life. (Ursic v. Ursic, [2006] O.J. No. 2178, 32 R.F.L. (6th) 23, 149 A.C.W.S. (3d) 38, 2006 CanLII 18349, 2006 CarswellOnt 335, at para 32).

In relation to school placement, one of the factors to be considered is the ability of a parent to assist the child with homework and the degree to which the parent can participate in the child’s education. However, a parent may ensure the child’s progress using supports and other strategies, for instance by arranging for tutoring for the child, if required (Potter v. Dhieux, [2012] O.J. No. 3692, 2012 ONSC 4498). Other options would include accessing online references for homework help, including those focusing on French studies.

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