“Where a court is asked to consider whether a child should change schools, the following considerations apply:
a. The best interests of the child governs the decision;
b. The parent suggesting the change must demonstrate that the change will be in the best interests of the child;
c. Factors which may be taken into account include a review of how many years the child has been at the current school; whether there is any prospect of one of the parties moving in the near future; whether a move will mean new child care providers or other unsettling features; any problems with the present school or proposed school; and the child’s views and preferences if they can be determined.
While the case before me is not pleaded as a mobility case – the determination of the issue necessitates findings that may directly affect mobility and existing custody and parenting arrangements.
The Supreme Court of Canada in Gordon v. Goertz [1996] 2 S.C.R. is the leading authority in mobility cases.
The focus of any motion concerning choice of school and mobility is the best interests of the child and not the interest and rights of the parents. Additionally, the following considerations are paramount to any decision rendered:
a. The existing custody arrangement and relationship between the child and the custodial parent;
b. The existing access arrangement and the relationship between the child and the access parent;
c. The desirability of maximizing contact between the child and both parents;
d. Disruption to the child of a change in custody; and
e. Disruption to the child consequent on removal from family, schools, and the community he or she has come to know.”