The start of a new school year can bring a long list of decisions for separated parents. Which school will the child attend? Who receives updates from teachers? How will transportation, extracurricular activities, professional development days and school expenses be handled?

When parents agree, these details may be worked out with a few calendar updates and emails. When they do not, a disagreement about one school-related issue can quickly grow into a larger parenting dispute.

Understanding how decision-making responsibility and parenting time work in Ontario can help parents focus on the real question: what arrangement is in their child’s best interests?

Who makes decisions about a child’s education after separation?

In Ontario family law, decision-making responsibility refers to the authority to make significant decisions about a child’s well-being. This can include decisions relating to education, health, culture, language, religion and spirituality, as well as significant extracurricular activities.

Decision-making responsibility is different from parenting time. A parent may spend substantial time with a child without having final authority over a particular major decision. The specific terms of a separation agreement, parenting plan, court order or arbitral award matter.

Decision-making responsibility may be allocated to one parent, shared by both parents, or divided by subject. For example, one parent might have responsibility for medical decisions while educational decisions are made jointly. Parents should review the exact wording of their existing agreement or order before assuming they can make a school-related decision on their own.

If parents share responsibility for education, major choices such as changing schools or enrolling a child in a specialized program will generally require consultation and agreement. Everyday matters that arise while a child is in a parent’s care may be treated differently, depending on the parenting arrangement.

What happens when parents disagree about school?

Ontario courts do not decide parenting disputes by asking which parent “won” the argument or which option is most convenient for an adult. Under both the federal Divorce Act and Ontario’s Children’s Law Reform Act, the child’s best interests guide the decision.

Depending on the circumstances, relevant considerations may include:

• the child’s age, needs and stage of development
• the child’s need for stability
• the history of the child’s care
• each proposed school’s ability to meet the child’s academic, social, cultural or accessibility needs
• the distance between the school and each parent’s home
• transportation and the effect of travel time on the child
• the child’s relationship with siblings, friends and community
• the parents’ ability and willingness to communicate and support the child
• the child’s views and preferences, with appropriate weight given to their age and maturity
• any family violence and its effect on the child’s safety and well-being

No single factor automatically determines the outcome. A school that is closer to one parent, for example, is not necessarily the best choice if another option better supports the child’s established routine, learning needs or important relationships.

Can a child choose which school to attend?

A child’s views may be considered, but there is no fixed age in Ontario at which a child gains the sole right to decide a parenting issue.

The weight given to a child’s wishes depends on factors such as age, maturity, the reasons behind the preference and whether the child may have been influenced or placed in the middle of the dispute. Older children may have stronger views about changing schools, travel time, friendships or academic programs, but the final decision must still be based on their best interests.

Parents should avoid asking a child to choose between them or to deliver messages about the disagreement. Even when the question appears to be about school, making the child feel responsible for the outcome can add unnecessary pressure.

Common back-to-school issues for separated parents

School selection is only one potential source of conflict. Parents may also disagree about:

• who is listed as an emergency contact
• who can pick the child up from school
• access to report cards, online portals and parent-teacher meetings
• transportation between homes, school and childcare
• participation in sports, clubs, tutoring or other activities
• payment for school supplies, technology, fees and extracurricular expenses
• how school closures, professional development days and sick days affect the parenting schedule
• whether a child should change schools after one parent moves

Clear expectations can prevent small logistical problems from becoming repeated conflict.

Five practical steps when a school dispute arises

1. Read your agreement or court order carefully

Confirm who has decision-making responsibility for education and whether the document includes specific terms about schools, transportation, communication or extracurricular activities. Do not rely on memory or informal assumptions.

2. Gather child-focused information

Compare the realistic options using relevant information such as program availability, supports for special needs, transportation time, childcare arrangements and the child’s established connections. Keep the discussion focused on the child rather than on either parent’s preferences.

3. Communicate clearly and in writing

Use calm, specific language. Identify the decision that must be made, provide the information supporting your position and suggest a reasonable time for a response. Written communication can reduce misunderstandings and create a useful record of the options discussed.

4. Consider a family dispute resolution process

Negotiation, mediation and Collaborative Family Law may help parents reach a solution without asking a judge to decide. These processes can also help parents create more detailed procedures for future school-related decisions.

Family dispute resolution may not be appropriate in every case, particularly where there are safety concerns, family violence or a serious power imbalance. A family lawyer can help assess the available options.

5. Get legal advice before taking unilateral action

Changing a child’s school without the other parent’s agreement may create legal problems when educational decisions are shared. If a deadline is approaching and an agreement appears unlikely, speak with an Ontario family lawyer as early as possible. Court applications take time, and waiting until the first day of school can leave everyone with fewer practical options.

Build more detail into your parenting plan

A strong parenting plan does more than divide weekdays and weekends. It can explain:

• how major educational decisions will be made
• how information from the school will be shared
• who will attend meetings and school events
• how transportation and unexpected school closures will be handled
• how extracurricular activities will be selected and paid for
• what process the parents will use if they reach an impasse

The goal is not to predict every possible disagreement. It is to give both parents a workable process so the child is not caught between two competing answers.

Speak with an Ontario family lawyer

School-related parenting disputes can be time-sensitive, especially when registration, transportation or program deadlines are approaching. The family lawyers at Galbraith Family Law can help you understand your decision-making responsibilities, review an existing parenting arrangement and explore a child-focused path forward.

Contact our team to schedule a consultation.

This article provides general information about Ontario family law and is not legal advice. Every family’s circumstances are different. Speak with a qualified family lawyer about your specific situation.