When parents separate, many day-to-day parenting decisions must be reconsidered — including where a child will attend school. While this may seem like a straightforward choice, disagreements can arise, particularly when parents share parenting time and live in different areas.
When parents cannot agree, the question becomes: who gets to decide?
Who Has the Authority to Choose the School?
In Ontario, decisions about a child’s education fall under decision-making responsibility.
If one parent has sole decision-making responsibility for education, that parent generally has the authority to determine which school the child attends.
For parents who share joint decision-making responsibility, major decisions — including schooling — must be made together. If they cannot agree, they may need to resolve the issue through mediation, negotiation, or ultimately through the court.
Parenting time alone does not automatically determine who makes educational decisions. Even if parenting time is shared equally, decision-making authority may still be allocated differently.
Parenting decisions are governed by the best interests of the child under the Divorce Act.
What Happens With 50/50 Parenting Time?
Shared parenting time can complicate school choices, especially when parents live in different neighbourhoods or cities.
If one parent proposes enrolling the child in a school that is significantly farther from the other parent’s home, concerns may arise about:
- Transportation and travel time
- The child’s daily routine
- Access to extracurricular activities
- The child’s connection to friends and community
- Whether the schedule places a disproportionate burden on one parent
In practice, courts tend to favour stability and practicality when evaluating school decisions.
What Do Courts Consider?
When parents cannot agree, a court will decide based on the best interests of the child.
Factors that may be considered include:
- The child’s existing school and community ties
- Travel time between homes and school
- The child’s educational needs
- The parents’ ability to support the child’s schooling
- The practicality of transportation arrangements
- The importance of maintaining the child’s routine and stability
Courts are often reluctant to disrupt an arrangement that is already working well for the child unless there is a clear reason to do so.
Practical Solutions Outside Court
Many school disputes can be resolved without litigation.
Parents sometimes reach practical solutions such as:
- Choosing a school located roughly between both homes
- Agreeing on transportation responsibilities
- Maintaining the child’s current school to preserve stability
- Using mediation or parenting coordination to resolve disagreements
Finding a workable compromise often benefits both parents — and more importantly, the child.
FAQ
Not necessarily. School decisions depend on decision-making responsibility, not just parenting time.
If education decisions are shared, unilateral decisions may be challenged. The issue may need to be resolved through negotiation or court.
Not automatically. Courts focus on what arrangement best serves the child’s stability, routine, and overall well-being.
Courts often give weight to maintaining stability, particularly if the child is settled and doing well in their current environment.
Key Takeaways
- School selection is considered a major parenting decision.
- Decision-making responsibility — not parenting time alone — determines who chooses.
- Shared parenting can make school choices more complex when parents live far apart.
- Courts focus on stability, practicality, and the child’s best interests when resolving disputes.
When parents approach school decisions collaboratively, they can often avoid unnecessary conflict and maintain stability for their child.
