How has the court considered a father's request to have his disabled child enrolled in a school close to his residence?

British Columbia, Canada


The following excerpt is from White v Schultz, 2021 BCSC 1835 (CanLII):

In Leclerc v. Grace, 2020 ONSC 5556, the father sought to have the child enrolled in a school close to his residence in order to accommodate the father’s disability. While the court granted the father’s application, the reasons were not restricted to his disability. Rather the court made its decision on what was in the best interests of the child. In arriving at its decision, the court noted that: the father worked and his work was not flexible like the mother’s; the mother had moved away from where the parties had originally lived, and outside of the distance contemplated by the parties in their agreement; the mother had a flexible work schedule and could facilitate the commute; and the child could spend more time with her sibling: Leclerc at para. 79.

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