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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-27-2015, 08:59 AM
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Default rotuine and stability for school ages and preschoolers

Just a question for the experienced members here. How much does the judge give weight to the fact that one of the parent wants to have the children (pre schoolers and school age) stay in the same school, while the other parent want to move them to another school.

I heard different opinions as the routine and stability appreciation increase with the child age. Judge's point of view is that the child can adapt easier when he is younger.

Just wanted to see as I would prefer keeping stability for my kids in the same school.
Thanks
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Old 10-27-2015, 09:16 AM
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In our case, the judge preferred stability (this was going into grade 2). It depends on the situation, other factors blah blah.
For us it was a language issue: attempt to switch TO French immersion school (7 minute drive) FROM French school board (7 minute walk) by non-French-speaking, non-custodial parent. Judge ordered that the non-custodial parent can hire a tutor for the child to help them with their homework, if needed.
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Old 10-27-2015, 11:08 PM
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Quote:
Originally Posted by dinkyface View Post
It depends on the situation, other factors blah blah.
Exactly. There is no "rule of thumb" for how a judge will order something in any given situation.

Key factors:

1. Length of time at the school.
2. Area of the school. (distance from parent's residences)
3. Reason for changing schools. (Did one or both parents move away?)
4. Attachment to community. (Example: Does your child play hockey with other children in their class? Does the child's classmates regularly come over or do they go over to their friends? etc...)
5. The parent's involvement with the school. (Do you volunteer with the school?)
6. Does the child have a special need?
7. Is there a situation at the school (bully) that is forcing the change?

Think of it in another way... Generally, judges that I have seen (about 6) order on something like this by applying the "material change" rules. If there has not been a material change in the child's circumstance then there won't be a change. FYI: In all 6 of the cases I have seen 3 of them was a MORONIC parents who moved away from the school. 1 had an "ok" excuse and 2 of them had no excuse other than wanting to live in a cooler neighbourhood to support what they wanted and not what the child NEEDED.

Suffice to say, in all 3 matters where the parent moved away they were the parent bringing forward the motion to change the school and they all got crushed. Each judge had a very similar reason and comment: "you shouldn't have moved away from your child's school and you should move back".

Good Luck!
Tayken
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Old 10-27-2015, 11:19 PM
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I'm trolling here but you guys might be interested in a case that was just posted to CanLii today:

https://www.canlii.org/en/on/onsc/do...5onsc6592.html

Seems to me (in my cursory reading) that father got royally screwed. Best interest of the child? I don't recall reading anything that was child-centred in judge's decision, rather a decision regarding driving distance for parents. Mother claimed she was living out of suitcase unless allowed to move and the judge bought it. Not a good decision for the father.
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Old 10-28-2015, 09:37 AM
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Nothing surprising in that judgement.

Custodial parents can almost always move with the kids - the cases where they can't are limited.
_______

abused - the best argument is shared custody - once you have that then the other issues become more relevant. Without shared custody the desire of the custodial parent is considered VERY seriously and one of the few reasons the request to relocate is refused is if it is to frustrate access...
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Old 10-28-2015, 11:54 PM
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Quote:
Originally Posted by abuseddad View Post
...

Just wanted to see as I would prefer keeping stability for my kids in the same school...
Thanks
Yes, what Tayken outlined.

The judge would typically weigh the reasoning for/against the move, and in what context this move issue is coming up in.

You're for kids staying in same school - presumably this is their regular school they have attended for awhile? Why does the other parent want them to switch schools? Has anyone moved recently, and why?

Etc.

It sounds like judge hasn't dismissed the notion outright yet?
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