“The Court’s discretion to choose a child’s school informed by the principles adopted by Justice Spies in Askalam v Taleb, 2012 ONSC 4746, at para. 32:
Where a court is asked to consider whether or not a child should change schools, the following considerations may be drawn from the case law:
(a) In situations of joint custody, the court is most reluctant to dictate where a child should go to school and the parents should be encouraged to resolve this matter amongst themselves. If they cannot agree the best interests of the child will govern.
(b) In the event a parent suggests changing schools, it must be demonstrated the change will be in the best interests of the child.
(c) While each instance is very fact specific, factors which may be taken into account by the court in determining the best interests of the child include assessing any impact on the stability of the child. This may include examining how many years the child has attended his or her current school; whether there is any prospect of one of the parties moving in the near future; where the child was born and raised; whether a move will mean new child care providers or other unsettling features. The court will also look to any decisions that were made by the parents prior to the separation or at the time of separation with respect to schooling. Any problems with the present school will be considered.
In addition to the above principles, the onus is on the parent seeking the change on an interim basis to present “compelling and cogent evidence” that the change of schools is in the child’s best interests given the need for stability in a child’s life. In Ursic v. Ursic, 2006 CanLII 18349 (ON CA), [2006] O.J. No. 2178, at para. 32, the Ontario Court of Appeal addressed whether it was in the best interests of a 4-year-old who had almost completed junior kindergarten to change schools:
.. I think it is fair to provide that Jacob should continue to go to Northridge Public School unless both parties agree to send him to another school, or unless either parent brings forward compelling and cogent evidence showing a change of schools is in Jacob’s best interest. I would so provide for these reasons: Mr. Reid [a social worker who prepared a parenting plan] recommended that Jacob go to Northridge; Jacob will likely already have formed attachments to the school; and, continuing at the school promotes stability in Jacob’s life. [Emphasis added]”