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I don’t agree with my ex-spouse on the question of which school our children should attend. What should I do?

This question pertains to parental authority or decision-making responsibilities. Once again, these decisions are made based on the child’s best interests.

Unless the parties enter into a prior agreement, a private school will only be permitted if the following conditions are met:

(1) The parents’ financial resources: In this regard, the Court of Appeal has already determined that private school fees should not exceed 10% of the parents’ combined incomes.

(2) The child’s particular situation, e.g. special talents or even specific difficulties for which a private school would be more appropriate.

Other relevant criteria include:

  • The child’s needs.
  • The child’s stability.
  • Past attendance of the school or day care centre.
  • The impact of school choice on the existing custody conditions.
  • Travel in order to attend the school.
  • School attendance by another member of the family, the extended family or friends.
  • The previous involvement of each parent in the child’s school environment.
  • Each parent’s schedule.
  • Each parent’s schedule.
  • The length of time spent at the day care centre.

In this regard, here is a decision in principle explaining the Court’s analysis of this question:

https://www.canlii.org/fr/qc/qccs/doc/2018/2018qccs4896/2018qccs4896.html?resultIndex=2&resultId=f4d55196f2e643ceac15f24998a2301d&searchId=7a64e32fd7964baa85a50d590070b089&searchUrlHash=AAAAAQAcZnJhbmNlIER1bHVkZSBjaG9peCBkJ8OpY29sZQAAAAAB

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