Children & parenting guide

School

School is central to a child's life — and a common source of conflict between separated parents. Which school the child attends, who gets information from the school, who attends school events, and how school-related decisions are made are all issues that arise in parenting disputes. This guide explains how education decisions work in Canadian family law and how to navigate school life as a separated parent.

Legal disclaimer: This information is for general educational purposes only and does not constitute legal advice. Please consult a qualified family law lawyer for advice specific to your situation.

1

Who decides which school the child attends?

Choosing a school is a major decision that falls under decision-making responsibility. If parents have joint decision-making responsibility, both parents must agree on the child's school. If they cannot agree, either parent can bring a motion asking the court to decide. Courts consider the child's current school and the importance of continuity, the proximity of each school to each parent's home, the quality of the schools, any special needs the child has, and the child's own preferences. Changing a child's school without the other parent's consent (when joint decision-making is in place) can have serious legal consequences.

2

Access to school records and information

Both parents generally have the right to access their child's school records, report cards, and information about school events — regardless of who the child primarily lives with. Schools are required to provide information to both parents unless there is a court order restricting one parent's access. If you are having difficulty getting information from your child's school, provide the school with a copy of your parenting order and request that you be added to all communication lists. A parent who withholds school information from the other parent may be in breach of their legal obligations.

3

Attending school events

Both parents generally have the right to attend school events — concerts, sports days, parent-teacher interviews, graduation ceremonies — regardless of whose parenting time it falls on. Courts expect parents to behave appropriately at school events and not to use them as opportunities for conflict. If the presence of both parents at the same event creates a safety concern, the school can sometimes arrange separate times for parent-teacher interviews. Do not ask the school to take sides in your parenting dispute — it puts the school in an impossible position and is not in the child's best interests.

4

Homework and school responsibilities during parenting time

Each parent is responsible for supporting the child's school work during their parenting time. This means ensuring homework is done, the child arrives at school on time, and the child has the materials they need. Do not use homework as a battleground — if the child has a project due, both parents should support it regardless of whose time it falls on. Keep a set of school supplies at each home if possible. Communicate with the other parent about upcoming tests, projects, and school events so neither parent is caught off guard.

5

Special education and learning needs

Decisions about special education — an Individual Education Plan (IEP), specialized programming, tutoring, or assessment for learning disabilities — are major decisions that require consultation if parents have joint decision-making responsibility. Both parents should be involved in IEP meetings and school assessments. If one parent is not being included, request that the school add them to all communications. If parents disagree about a special education decision, mediation or a court motion may be necessary. The child's educational needs must always come first.

6

School location and parenting time

The location of the child's school significantly affects the parenting schedule. If parents live far apart, the child cannot easily attend school from both homes. Courts consider school location when designing parenting schedules — the child's school week typically anchors the schedule, with the non-school-week parent having time on weekends, holidays, and school breaks. If a parent relocates and the child's school changes, this can trigger a review of the parenting arrangement. Always consider the impact on the child's school before making a decision to move.

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