Courts are reluctant to make orders about changing children’s school and encourage the parties to resolve this issue amicably amongst themselves. When the parties cannot agree on this issue, the onus is on the party moving to change the children’s school to prove that the move will be in the best interests of the children, from the children’s perspective.
In a recent Superior Court of Justice decision, the Honourable Mr. Justice Fragomeni made a ruling on this very issue. The following factors are generally considered when the courts are determining whether a change of children’s school should be made or not:
1) any impact on the stability of the children from moving school(s);
2) how many years the children attended the current school for;
3) whether there is any prospect of one of the parties moving in the near future;
4) where the children were born and raised;
5) whether a move will mean new child care providers or other unsettling features for the children;
6) whether the parties made decisions prior to the separation or at the time of separation with respect to schooling; and
7) if there are any problems with the present school.
http://www.canlii.org/en/on/onsc/doc/2015/2015onsc4554/2015onsc4554.html