Resolving Disputes: Parents can resolve disagreements over schooling through negotiation, collaboration, or mediation to prioritize the child's best interests.
Court Decision Factors: Courts consider a child’s needs, stability, parents' past decisions, and the ability to assist in education when determining schooling.
Legal Assistance: INB Family Law offers expertise in collaborative law to help parents resolve schooling conflicts both in and out of court.
During separation, it is not uncommon for conflict to arise when making decisions about the future aspects of your own lives as well as your child’s life. When making decisions about your child, such as the school they will attend, it is important to consider what is in their best interests by considering aspects such as their living arrangements, the child’s feelings, stability, and their own personal needs. Thankfully, separated parents can resolve conflict over the choice of school in many different ways.
To reduce conflict and encourage future cooperation regarding parenting issues, it may be a good idea to try solutions outside of court. Going to court can often create an adversarial environment, especially if the parties are not already getting along. Negotiation and the Collaborative Process involve both parties and their lawyers working together to find a mutually beneficial solution. Parties can also engage in either mediation or arbitration, which use an impartial third party to either aid in decision-making or make the decision for the separated parties.
If you are unable to find a solution outside of court, consider that a judge, when making a decision about a child’s school, is tasked with examining what is in the best interests of that particular child. The court will also consider if parents have the capacity to carry out an educational plan.
In Thomas v. Osika, the court clarified that when parents disagree, there are general guiding principles the court may follow in deciding matters related to education, such as:
Ultimately, the courts are likely to look at the unique circumstances of your child’s life in making a decision on the educational institution your child should attend.
Our lawyers at INB Family Law specialize in the collaborative law approach and can help you navigate issues related to your separation. Additionally, our team has the knowledge to help you with finding solutions in and outside of the courtroom. Please contact us to book your consultation.