Co-Parenting Collaboration: The Court’s Role in Educational Decisions

• 
  Katrina Wiegers
  Lawyer

In the first instalment of our Co-Parenting Collaboration series, we discussed the best interests of the child where one parent is struggling with mental health. Next in the co-parenting collaboration series we discuss decision making and the best interest of the child when it comes to school.  The choice of which type of schooling has been found to have a profound effect on the child’s success in their education. The big question between parents who are separated is: who gets to decide? The answer to this is explored in Co-Parenting Collaboration: The Court’s Role In Educational Decisions. 

Co-Parenting Disagreements 

Whether it’s deciding between public school, private school, or homeschooling, differing views on what is best for the child can lead to tension and frustration. However, when parents cannot agree, the courts are sometimes called upon to make these decisions–always with the child’s best interests at heart. Homeschooling presents a particularly interesting microcosm on this issue. This blog explores what can happen when parents are not able to mutually determine whether to send the child to school or homeschool and the decision is left in the courts hands.  

Public versus Private versus Homeschool 

Homeschooling is often seen as a personal and flexible approach to education, but it also raises questions about whether it provides the best environment for every child. In cases where parents disagree, the courts must step in to determine what is truly in the child’s best interest. 

In some cases, the courts may consider the history of the parenting arrangement when making decisions about a child’s education. If parents have agreed on a particular educational approach, such as homeschooling, the court may be reluctant to alter the status quo unless there is evidence suggesting that the change is necessary for the child’s well-being. The court may emphasize the importance of stability and continuity in the child’s life, especially if the current arrangement is working well for the child and their development. 

However, homeschooling may not always be considered the best option, especially if it appears to be hindering the child’s progress or well-being. If there are signs that a child is struggling academically or emotionally, the court may order a change in the child’s educational setting, prioritizing their long-term academic success and emotional health. 

While homeschooling is recognized as a legitimate educational choice, the courts will also look for proof that it is effectively supporting the child’s needs, like in  

A.C.V.P. v. A.M.T., (2019). If homeschooling is not meeting the child’s educational requirements, whether academically or socially, the court may determine that a different educational approach is in the child’s best interest. 

Who Decides What is Best? 

The court may also order independent assessments, such as academic or psychological evaluations like in Winn v Winn (2016), to help determine whether the current educational arrangement is the best fit for the child. These assessments provide valuable insight into the child’s strengths, needs, and overall development, helping the court make a more informed decision about the appropriate schooling option. 

The Court’s Role 

Ultimately, when co-parents cannot agree on the best educational path for their child, the courts play a crucial role in determining what is in the child’s best interest. Whether through reviews, assessments, or consideration of the status quo, the court’s primary focus is the child’s well-being, academic success, and emotional health. If you’re facing a similar challenge in your co-parenting journey, consulting with a knowledgeable family lawyer, like those at McKenzie Lake Lawyers, can help you navigate the complexities and advocate for your children. 

If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.