What is the test for a parent to change their child's school?

Ontario, Canada


The following excerpt is from Adams v. Adams, 2016 ONCJ 431 (CanLII):

The case of Ashalan v. Taleb[6] is a helpful review of the caselaw when a court is asked to consider a child changing schools as follows: 1. In situations of joint custody the court is most reluctant to dictate where a child should go to school and the parents should be encouraged to resolve this matter among themselves; If they cannot agree the best interests of the child will govern; 2. In the event a parent suggests changing schools, it must be demonstrated that the change will be in the best interests of the child; 3. While each instance is very fact specific, factors which may be taken into account by the court in determining the best interests of the child include assessing any impact on the stability of the child. This may include: (i) Examining how many years the child has attended his or her current school; (ii) Whether or not there is any prospect of one of the parties moving in the near future; (iii) Where the child was born and raised; (iv) Whether a move will mean new child care providers or other unsettling features; (v) Any decisions made by the parents prior to the separation or at the time of the separation with respect to schooling; and (vi) Any problems with the present school.

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