Will Ontario Family Court Force Your Kids To Return To School?

Will Ontario Family Court Force Your Kids To Return To School?

Will Ontario Family Court force your kids to return to school when you and the other parent do not agree on whether your kids should return to school in September?

Just last week, Jennifer wanted her 9-year old son to return to in-school classes at his French immersion school.

However, John, the child’s father, wanted his son to stay home with him so that John’s son would have online learning.  John wanted to ensure that his son was safe during the COVID-19 pandemic.  He did not believe that the COVID-19 health protocols would  adequately protect his son’s health if his son attended in-person classes at school.

John and Jennifer have joint custody of their son pursuant to the terms of a written separation agreement.  Their son lives with each parent 50% of the time.

One thing that parents can learn from this situation with John and Jennifer’s son is…

But, before I explain what parents can learn, let me point out that the ultimate test for determining any issues about your kids is the best interests test.  The family court will always make a decision about your kids based on what it determines is in the children’s best interests, not what is in the best interests of the parents.

A child’s best interests includes which parent’s plan will better provide for the child’s mental, psychological and physical well-being and educational needs.

The Ontario family court found that Jennifer and John’s son had some important social needs that had to be met after his six months in isolation.  The court explained that it was important that the child saw his friends again at school on a regular basis.

The court found that the father’s plan to keep his son had too much of a negative impact on a young child’s mental well-being and social development.

The court explained that “there is a consensus between the Ontario government and medical experts that, at this juncture, it is not 100% safe for children to return to school. However, the risks of catching Covid-19 (and the typical effects of the illness) for children are being balanced against their mental health, psychological, academic and social interests, as well as many parents’ need for childcare. There is no end in sight to the pandemic and, as such, no evidence as to when it will be 100% safe for children to return to school. The Ontario government has determined that September 2020 is an appropriate time to move on to a “new normal” which includes a return to school.”

In short, the court found that Jennifer and John’s son should return to school for his mental well-being after six months of isolation, given that the Ontario government has put in place COVID-19 health protocols in school and the fact that no one in either parent’s household was at unacceptable risk if the child returned to school.

Here’s the bottom line: when parents cannot agree on whether their child should return to school, the court will most likely order the child to attend in-person classes at school absent special circumstances, such as medically “at-risk” members of the child’s household or a breakout of COVID-19 at the child’s particular school.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here to find out more: Durham Region Separation and Divorce Legal Support Group