The recent Llewellyn and Llewellyn (2015 ONSC 5427) case deals with the issue of custodial parent attempting to change a child’s school post separation. Although the case involves an interim order, the points raised by the Honourable Justice Lemon are noteworthy and will give an indication of the direction that the courts will take in similar circumstances.
The courts are not inclined to allow the custodial parent to change a child’s school if such a change will not meet the best interests of the child. Further, the wishes of the child will be considered to ensure that the child is not subjected to unwarranted stress due to the change. To facilitate the child in brining forth their point of view, the OCL may be involved.
Lastly, the courts will consider the basis and the nature of the change of address that is leading to changing the child’s school. If the change of address is temporary and will not provide the child with a stable environment, then the courts are less inclined to support such a change.