Me Josée Dufour
A member of the Barreau du Québec since 2012, Josée Dufour practises at Verreau Dufresne Avocats, where she devotes herself to family and youth law. With more than a decade of courtroom experience, she supports her clients in separation, custody, support and adoption matters with rigour, empathy and transparency.
View profileBook an appointmentWhile they live together, parents make decisions about their child together. This principle stays the same after the parents have ended their relationship, whatever custody arrangements are in place.
Whether you have your child full time, in shared custody or every other weekend, choosing a school requires the agreement of both parents because it is an important decision about your child’s future. Whether it is the start of your child’s schooling or a change of school due to a move, the parents need to discuss it.
But what happens if, despite these discussions, you and the other parent cannot agree on which school your child will attend? Our family law lawyers answer your questions.
Who can decide which school a child will attend?
The parents
Even after a separation, parents exercise parental authority together. This principle applies whether you were de facto spouses, married or covered by the new parental union regime. Both parents therefore have a duty to make all decisions about their child by mutual agreement, except in exceptional circumstances. Choosing the school your child will attend is one of these important decisions. Both parents must give their consent because both have the right to supervise their child’s education and to contribute to it.
Exception! If one parent has lost the right to make decisions for the child, the other parent can choose the child’s school alone. This legal principle is called “deprivation of parental authority” and is only appropriate in exceptional situations. For more information on deprivation of parental authority or the withdrawal of certain attributes of parental authority, read our article.
Other people involved
The court may have withdrawn the exercise of parental authority from both parents. In that case, parental authority is entrusted to another person, such as a family member. That person then has the power to make decisions about the child, including which school the child will attend.
Separated parents: what steps should you take if you disagree?
Without the agreement of both parents, the school may refuse to enrol your child. One parent may try to register the child at a school without the other parent’s agreement. The parent who objects to the other parent’s choice of school is then advised to clearly state their objection to the school. The school administration should not register your child when it knows that one of the parents objects.
If the disagreement continues, you must go to court so that a judge decides which school your child will attend. To do so, an Application regarding the choice of school must be filed with the court. Our family law lawyers can help you draft this application, negotiate an out-of-court settlement with your former spouse or, failing that, represent you at the hearing. Contact them now for assistance.
The criterion for choosing a school: the child’s interest
The fundamental criterion for choosing a school is the child’s interest. The child’s best interest is assessed based on several factors specific to your situation, for example:
- The child’s wishes (when the child is mature and reasonable);
- The child’s needs (health, professional services, etc.)
- The child’s stability (place of residence, friends, etc.)
- The school and daycare the child attended before;
- The effect of the choice on existing custody arrangements;
- Travel to and from school;
- Whether another family member, extended family member or friend attends the school;
- Each parent’s past involvement with the child’s school;
- Each parent’s schedule and flexibility to drop off or pick up the child;
- The amount of time spent in the school daycare service.
When several of these factors apply to your situation, the judge decides at the hearing which ones are the most important to consider to ensure your child’s best interest.
Example: Félix, 12, will start high school next fall. He attended a private school throughout elementary school. His parents disagree on the choice of high school. Félix’s mother proposes a private school and his father a public school. Félix’s parents go to court to settle the disagreement. They describe Félix as mature and reasonable. Félix speaks to the judge and says he wants to attend the public school because he no longer wants to take enriched programs. After analyzing all the applicable criteria, the judge decides that Félix’s wishes are a decisive criterion. The judge therefore authorizes the father to enrol Félix in the public school.
In all cases, the court will analyze all the criteria from the child’s point of view, not the parent’s. In addition to these factors, the specific features of the proposed schools must be analyzed, including their sport-study programs, the professional services offered, the support offered to children with special needs, etc.
Example: Alicia, 5, will start kindergarten next fall. Alicia lives alternately 7 days with each of her parents. Alicia’s parents live an hour’s drive from each other. When it is time to register their daughter for school, each of them wants to enrol her in the school in their own neighbourhood. However, Alicia needs special care because of her fragile health. After analyzing the situation, the judge authorizes the father to enrol Alicia in the school in his borough because it offers all the services that can meet Alicia’s health needs, unlike the school proposed by the mother.
Each situation requires a case-by-case analysis. A court hearing therefore calls for careful preparation. Our family law lawyers regularly represent parents at these hearings. Feel free to contact them for advice and/or to have them prepare your arguments and evidence and represent you at the hearing.
Caution! There is no presumption that the quality of teaching in a private school is higher than in a public school. A parent who wants their child to attend a private school therefore cannot rely solely on the argument that, in their view, the private system is simply “better” than the public system.
The parents’ place of residence
Each school service centre (or school board) has its own regulation, which usually requires it to give priority to registering children who live in the area it serves. A school may accept a registration request for a child who lives outside its area, but only if it has room. Attendance by a child from outside the area remains uncertain from year to year because it depends on the school’s capacity.
It is therefore better for a parent to propose the school in their own neighbourhood. Otherwise, the parent must check with the school concerned that out-of-area registration is possible and that spaces are available for the current year and the years to come, to maintain the child’s stability.
Contact our family law lawyers
Choosing your child’s school is important for their development and academic success. If the parents disagree on this choice, several factors must be analyzed so that a decision can be made in your child’s best interest.
Feel free to contact our family law lawyers for legal services tailored to your situation. Our lawyers can, among other things:
- Analyze your situation if you disagree on the choice of your child’s school;
- Negotiate an out-of-court settlement to resolve the disagreement;
- Draft your application regarding the choice of school;
- Contest your former spouse’s application regarding the choice of school;
- Prepare your evidence for a court hearing:
- By selecting the documents and other evidence needed to convince the court of your position;
- By selecting the witnesses needed for your case and preparing them for the hearing;
- Represent you in court in a dispute over the choice of your children’s school.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
