{"id":19155,"date":"2023-04-14T10:30:00","date_gmt":"2023-04-14T14:30:00","guid":{"rendered":"https:\/\/www.verreaudufresneavocats.com\/?p=19155"},"modified":"2025-12-29T16:49:03","modified_gmt":"2025-12-29T21:49:03","slug":"separation-divorce-school-choice-conflict","status":"publish","type":"post","link":"https:\/\/www.verreaudufresneavocats.com\/en\/publications\/family-law\/separation-divorce-school-choice-conflict\/","title":{"rendered":"Separation and Divorce: What to Do When Choosing Your Child\u2019s School Becomes a Conflict"},"content":{"rendered":"\n

While 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.<\/strong><\/p>\n\n\n\n

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\u2019s future. Whether it is the start of your child\u2019s schooling or a change of school due to a move<\/a>, the parents need to discuss it.<\/strong><\/p>\n\n\n\n

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<\/a> answer your questions. <\/strong><\/p>\n\n\n\n

Who can decide which school a child will attend?<\/strong><\/h2>\n\n\n\n

The parents<\/strong><\/h3>\n\n\n\n

Even after a separation, parents exercise parental authority <\/span> 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\u2019s education and to contribute to it.<\/p>\n\n\n\n

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Exception!<\/strong> If one parent has lost the right to make decisions for the child, the other parent can choose the child\u2019s school alone. This legal principle is called \u201cdeprivation of parental authority<\/a>\u201d 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<\/a>.<\/p>\n<\/blockquote>\n\n\n\n

Other people involved<\/strong><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Separated parents: what steps should you take if you disagree?<\/strong><\/h2>\n\n\n\n

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\u2019s agreement. The parent who objects to the other parent\u2019s 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. <\/p>\n\n\n\n

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<\/strong> must be filed with the court. Our family law lawyers<\/a> 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<\/a> for assistance. <\/p>\n\n\n\n

Contact a lawyer<\/span><\/a><\/div>\n\n\n\n

The criterion for choosing a school: the child\u2019s interest<\/strong><\/h2>\n\n\n\n

The fundamental criterion for choosing a school is the child\u2019s interest. The child\u2019s best interest is assessed based on several factors specific to your situation, for example:  <\/p>\n\n\n\n