Choosing a school after a divorce or separation

Some schools may be better than others in meeting your child's needs. A particular academic program or certain extra resources may help your child. For example, your child may need a specialized school for children with learning disabilities or may benefit from a school with a strong science or sports-studies program.

The child's own wishes may also be taken into account. The older the child, the more importance these wishes should be given.

Did you know?

Courts have ruled that the wishes of a child over 12 must be given considerable importance in any decision affecting them. The child's level of maturity and ability to express their wishes, as well as the seriousness of their concerns, will be taken into account.

You and your ex can take the school's location into account. For example, you can check if:

• The school is located at a reasonable distance from where each of you lives.
• Transportation is available, for example, a school bus or a city bus that would take your child to the school.

In arriving at your decision, you can also consider any costs involved (e.g., tuition fees, cost of uniforms, etc.).

Public school is free in Quebec. However, you may prefer to enroll your child in a private school, where tuition fees apply.

A private school may suit the needs of your child well but may not be appropriate for your financial situation. School fees should not put you in a situation that would compromise your ability to meet your child’s other needs (e.g., food, clothing or housing).

Costs of a private school: who pays what?

In general, when parents agree that their child will attend a private school, costs are shared between the parents in proportion to their respective incomes.

If you and your ex can't agree on the choice of a school, you can use the services of a mediator to help you arrive at an agreement.

The Quebec government's family mediation program can provide you with a specific number of hours of free mediation.

When no agreement is possible, you can ask the Superior Court to rule upon the matter.

To reach a decision, the judge will evaluate what is in the best interests of your child, taking into account many factors, including the child's needs, the locations of the schools, and school costs, if applicable.

To do this, you must send an "Application with Respect to the Choice of School" to your ex and file a copy in the Superior Court. If divorce proceedings are ongoing, you can add this to other requests in your divorce file. If you and your ex were de facto partners, you can add this to other requests concerning your child (e.g., custody and child support payments).

Did you know?

Since March 2021, the Divorce Act uses the term "parenting time", instead of "custody" and "access rights", to describe the time a child spends with each parent. You may therefore find this new expression in your divorce proceedings and court judgements.

However, the terms "custody" and "access" will continue to be used for de facto partners.