What is the test for asking for joint custody of a child who attends private school?

British Columbia, Canada


The following excerpt is from A.D.N. v .G.A.N., 2005 BCSC 1557 (CanLII):

The defendant questions O.J.J.N.’s school expenses on the basis that they are unaffordable. While the parties lived together, however, they had agreed that O.J.J.N. would be educated in a Christian setting. The defendant testified to the effect that he takes his own religion seriously, and advanced the presence of a Christian school in P.[…] as a positive attribute of that community, in his submission for joint custody. Where parents have agreed to private schooling while together, absent any change that would indicate the expense is unnecessary or unreasonable, such expenses are payable (see Van Deventer v. Van Deventer, [2000] B.C.J. No. 37 (B.C.C.A.) at ¶ 17 per Prowse J.A.).

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