When parents are separated or divorced in Quebec, the choice of school for their children can often become a source of conflict. Decisions regarding child custody must be made in the best interests of the child. This means that parents must strive to choose a school that best meets the educational, social, and emotional needs of their children. However, when parents cannot reach an agreement, the situation may become complex and require court intervention to settle the matter.
Resolution of a conflict over a school choice for children
According the Civil Code of Quebec, decisions concerning the education of children, including the choice of school, fall under joint parental authority unless a judgment grants this right exclusively to one parent. In cases of conflict, parents can ask the court to rule, taking into account the child’s best interests. It is important to note that courts will consider several factors, including the proximity of the school to the parents’ residences, the quality of educational programs, and the stability that the child may maintain by continuing to attend a familiar school.
When parents do not have a clear judgment regarding the exercise of parental authority, and each seeks to impose their choice, this can lead to a deadlock. In such circumstances, judges may consult experts to assess the child’s specific needs or, in some cases, even hear from the child directly if deemed mature enough to express an opinion. The Civil Code also states that the child must be heard when their interests are at stake, provided they are capable of forming their own opinions.
Finally, it is often recommended that parents try to resolve these issues outside of court through family mediation, a process encouraged by Quebec law. This allows for a reduction in tensions and facilitates constructive dialogue focused on the child’s best interests while minimizing the costs and delays associated with legal proceedings. Mediation can help parents reach a mutual agreement that benefits all parties involved, especially the children.
Allen Madelin Avocats work daily with legal issues related to family law, including child custody. The first consultation is offered for $125. For more details, please contact us by phone: 1 514 904 4017 or by e-mail: [email protected].
