1. Education Is Part of Decision-Making Responsibility

2. Which School Decisions Are Considered Significant?

3. What Are Day-to-Day School Decisions?

4. What Happens When Parents Share Education Decisions?

5. Can One Parent Have Final Authority?

6. Does Equal Parenting Time Mean Equal Decision-Making?

7. Can Both Parents Communicate With the School?

8. How Does the Court Decide Between Schools?

9. Does the Child Choose the School?

10. What If One Parent Changes the School Without Consent?

11. School Decisions Connected to Relocation

12. Private School and Educational Costs

13. Educational Assessments and Special Supports

14. Common Mistakes in School Disputes

15. When Should You Speak With a Family Lawyer?

16. How Bridgestone Law Can Help

Introduction

School decisions can become a significant source of disagreement after parents separate. One parent may want the child to remain at the same school for stability, while the other may prefer a school closer to their new home. Parents may also disagree about private school, French immersion, specialized programming, educational assessments or support for a child who is struggling.

The authority to make these decisions depends on the parents’ parenting agreement, parenting plan or court order. Education is generally considered a significant decision about a child’s well-being. If parents share decision-making responsibility for education, they must usually make major school decisions together. If one parent has been given sole responsibility for education, that parent may generally make the final decision, subject to any conditions in the agreement or order.

Routine matters arising during a parent’s parenting time may be handled by that parent unless the governing documents say otherwise. For example, helping with homework or responding to an ordinary message from a teacher is different from enrolling the child in a new school.

Where parents cannot agree, the court may decide the issue according to the child’s best interests. The court does not choose the school that is fairest or most convenient for the parents. It considers which option will best support the individual child’s safety, stability, development and overall well-being.

Education Is Part of Decision-Making Responsibility

The federal Divorce Act defines decision-making responsibility as responsibility for significant decisions concerning a child’s well-being. The listed areas include:

• health;

• education;

• culture, language, religion and spirituality; and

• significant extracurricular activities.

A court may allocate decision-making responsibility to one parent, both parents or another person authorized under the legislation. It may also divide responsibility by subject.

For example, an order may provide that:

• both parents share all significant decisions;

• one parent has sole decision-making responsibility;

• one parent makes education decisions while the other makes health-care decisions;

• the parents must consult, but one has final authority if they cannot agree; or

• a particular school decision is resolved while other decisions remain shared.

Under Alberta’s Family Law Act, a guardian’s powers, responsibilities and entitlements also include making decisions about the child’s education. Guardian status, together with any parenting order or agreement, helps determine who has legal authority.

Parents should review the exact language of their documents rather than relying on labels such as “joint custody,” “shared parenting” or “primary parent.” Older orders may use different terminology, and the wording of the specific decision-making provisions is what matters.

Which School Decisions Are Considered Significant?

Not every school-related choice requires a formal joint decision. Significant decisions usually have an important or lasting effect on the child’s education.

These may include:

• selecting the child’s school;

• changing schools;

• enrolling the child in public, separate, private or alternative education;

• choosing French immersion or another specialized program;

• approving homeschooling;

• consenting to significant educational assessments;

• determining major special-education programming;

• responding to a proposed grade retention or acceleration;

• making decisions about substantial educational supports;

• withdrawing the child from a school;

• changing school systems; and

• making educational choices connected to a proposed move.

Whether a decision is significant depends on its effect, not simply its label. An ordinary classroom matter can become significant if it has long-term consequences for the child.

What Are Day-to-Day School Decisions?

Under the Divorce Act, a person with parenting time generally has exclusive authority to make day-to-day decisions affecting the child during that time, unless the court orders otherwise.

Routine educational matters may include:

• helping with homework;

• signing an ordinary reading log;

• preparing lunches;

• ensuring the child attends school on time;

• responding to minor classroom issues;

• deciding whether the child attends school when temporarily ill;

• communicating with a teacher about an immediate concern; and

• attending routine school events.

Day-to-day authority does not normally allow a parent to make a unilateral decision that substantially changes the child’s education.

For example, a parent may help the child complete an assignment during their parenting time. That does not necessarily authorize the parent to transfer the child to a different school or enrol the child in a specialized program without the other decision-maker’s involvement.

A detailed parenting plan can clarify the boundary between routine and significant decisions.

What Happens When Parents Share Education Decisions?

Parents who share decision-making responsibility for education should usually consult each other before making a significant school decision.

Meaningful consultation involves more than simply announcing that a decision has already been made. It may include:

1. identifying the issue;

2. exchanging relevant school information;

3. considering the available options;

4. discussing the child’s needs and views;

5. allowing reasonable time for a response; and

6. trying to reach a decision focused on the child.

Parents do not need to agree about every minor detail. They do need a workable process for resolving important educational matters.

A parenting plan may require communication by email or a parenting application. Written communication can help parents stay focused, exchange documents and maintain a clear record of proposals and responses.

Can One Parent Have Final Authority?

Yes. An agreement or order may give one parent final authority over education.

This can take different forms. One parent may have sole decision-making responsibility for education, or the parents may be required to consult while one parent has the final say if they cannot agree.

A requirement to consult should still be followed even where one parent has final authority. Final authority is not necessarily permission to withhold information or exclude the other parent from every discussion.

The precise wording matters. A provision granting final decision-making authority may contain conditions, such as:

• consultation must occur first;

• professional recommendations must be considered;

• notice must be provided before a decision is implemented;

• the existing school must remain unchanged without consent or court order; or

• a particular dispute-resolution process must be attempted.

A parent should not assume they have final authority merely because the child lives with them most of the time.

Does Equal Parenting Time Mean Equal Decision-Making?

No. Parenting time and decision-making responsibility are related but distinct.

A child may spend approximately equal time with both parents while one parent has final responsibility for education. Alternatively, a child may live primarily with one parent while both parents share major school decisions.

The parenting schedule does not, by itself, determine who can select or change the child’s school.

Parents should review both the parenting-time provisions and the decision-making provisions in their agreement or order.

Can Both Parents Communicate With the School?

Under section 16.4 of the Divorce Act, a person who has parenting time or decision-making responsibility is generally entitled to request and receive information about the child’s well-being, including education information, unless the court orders otherwise and subject to applicable laws.

Access to information is not the same as decision-making authority.

A parent may be entitled to receive report cards, school notices and information from teachers even if the other parent has final authority over education. Receiving information does not necessarily give that parent the power to direct the school or change the child’s educational arrangements.

Parents can reduce confusion by providing the school with:

• current contact information;

• a copy of the relevant order or agreement;

• clear information about who may make decisions;

• any restrictions affecting contact or information; and

• details about how school notices should be distributed.

Schools are not responsible for resolving ambiguous parenting disputes. If the parents provide conflicting instructions, the school may require clarification or a clearer court order.

How Does the Court Decide Between Schools?

When parents cannot agree, the court applies the best interests of the child test.

Under the Divorce Act, the child’s physical, emotional and psychological safety, security and well-being receive primary consideration. The court also considers all circumstances relevant to the child.

In a school dispute, the evidence may address:

• the child’s existing school and adjustment;

• educational needs and learning style;

• academic programming;

• special supports;

• relationships with teachers and classmates;

• the effect of changing schools;

• travel time from each home;

• attendance and punctuality;

• before-school and after-school care;

• the parents’ work schedules;

• the child’s relationships with siblings;

• language, culture, religion and heritage;

• the child’s views, considering age and maturity;

• the cost of the proposed school;

• each parent’s ability to support attendance;

• the proposed parenting schedule;

• the reasons for each parent’s preferred option; and

• whether the proposal is connected to a relocation.

The school with the highest ranking or most programs is not automatically the best choice. A court may place significant weight on stability, practical transportation and the child’s established relationships.

Does the Child Choose the School?

A child does not have an automatic right to make the final school decision at a particular age.

The child’s views and preferences may be considered, with weight given according to age and maturity. The reasons for the child’s preference also matter.

A mature teenager’s well-informed preference may carry considerable weight, particularly where the decision affects academic programming, friendships, employment or post-secondary plans.

A younger child may prefer a school because a particular friend attends or because one option appears more enjoyable. The preference may still be relevant, but it will be considered alongside the child’s broader needs.

Parents should not ask the child to choose between them or frame the school decision as a test of loyalty.

What If One Parent Changes the School Without Consent?

A parent should not unilaterally change the child’s school when the other parent shares decision-making responsibility or when an order requires consent.

The other parent may seek:

• an urgent discussion or negotiation;

• assistance through mediation;

• an order returning the child to the previous school;

• an interim decision about enrolment;

• clarification of decision-making responsibility;

• enforcement of the existing order; or

• a variation giving one parent final authority.

The appropriate response depends on the wording of the existing documents, the timing of the change and the effect on the child.

Parents should act promptly. Delays may make the dispute more difficult once the child has started attending and formed new routines.

A parent should also avoid retaliating by giving the school conflicting instructions or repeatedly involving teachers and administrators in the legal dispute.

School Decisions Connected to Relocation

A proposal to change schools may be connected to a parent’s plan to move.

A change in residence can require notice under the Divorce Act. If the move is likely to have a significant impact on the child’s relationship with a person who has parenting time, decision-making responsibility or contact, it may qualify as a relocation and trigger additional requirements.

A parent cannot necessarily avoid the relocation rules by describing the issue only as a school choice.

The court may need to consider:

• the distance between the homes;

• the effect on the current parenting schedule;

• transportation;

• the child’s relationship with each parent;

• the impact of changing schools and communities; and

• the parent’s proposed revised parenting arrangements.

Legal advice should be obtained before changing the child’s residence or school where the move may significantly affect parenting arrangements.

Private School and Educational Costs

Choosing a private school involves both decision-making responsibility and financial considerations.

A parent may not be able to enrol the child in private school and automatically require the other parent to pay a share of the tuition. Responsibility for the decision and responsibility for the cost are related but separate questions.

Private-school expenses may be considered special or extraordinary expenses under applicable child-support guidelines. Relevant factors can include:

• the child’s educational needs;

• the family’s historical pattern;

• whether the parents previously agreed to private education;

• the reasonableness of the cost;

• each parent’s financial circumstances; and

• whether the expense is necessary in the child’s best interests.

Parents should address both enrolment authority and payment before committing to substantial tuition.

Educational Assessments and Special Supports

Disputes may arise when a child needs:

• psychoeducational testing;

• speech-language services;

• specialized classroom support;

• an individualized program;

• tutoring;

• occupational therapy;

• counselling connected to school; or

• accommodation for a disability.

Some decisions may involve both education and health-care authority. The parents’ agreement or order may allocate those areas differently.

Parents should gather reliable information from teachers, medical providers and educational professionals. The focus should remain on the child’s needs rather than on which parent first proposed the assessment or service.

Practical Examples

Remaining at the Existing School

A nine-year-old has attended the same Calgary school for several years and has strong relationships with teachers and classmates. One parent proposes a transfer to a school closer to their new residence.

The court may consider the benefits of stability, transportation from both homes, the parenting schedule and whether the new school offers a meaningful advantage for the child.

Specialized Programming

A 13-year-old is accepted into a specialized program that matches their abilities and long-term interests. The program requires a longer commute.

The child’s maturity and views may be significant. The parents should also consider travel, academic demands and whether both households can support consistent attendance.

Shared Decisions With Final Authority

The parents share education decisions, but their order gives one parent final authority after consultation.

Before changing schools, that parent provides program information, transportation details and a proposed transition plan. The other parent has a reasonable opportunity to respond before the final decision is made.

This process respects the consultation requirement while allowing the dispute to be resolved.

Common Mistakes in School Disputes

Assuming the Primary Parent Decides

The parent with more parenting time does not automatically have sole education authority.

The agreement or order must be reviewed.

Confusing Information With Authority

A parent may be entitled to school records without having the power to change the child’s school.

Registering the Child Before Agreement

Premature enrolment can increase conflict and may not create a legal right to proceed with the change.

Focusing Only on Convenience

Commute time matters, but the child’s adjustment, programming, supports and relationships must also be considered.

Involving Teachers in the Parental Conflict

Teachers can provide relevant educational information, but they should not be pressured to choose between parents or interpret court orders.

Asking the Child to Decide

A child’s views may be relevant, but the child should not be made responsible for resolving the dispute.

Ignoring the Existing Order

Informal practices do not necessarily override written decision-making terms. Parents should understand their legal authority before acting.

Waiting Until the School Year Begins

School disputes become more urgent and disruptive when left until registration deadlines or the first day of classes.

When Should You Speak With a Family Lawyer?

Legal advice may be helpful when:

• the parents disagree about enrolment or a school change;

• the order is unclear about education decisions;

• one parent registered the child without consent;

• private-school tuition is disputed;

• a move would require the child to change schools;

• the child requires an assessment or specialized support;

• a school is receiving conflicting instructions;

• one parent is withholding educational information;

• shared decision-making has become unworkable; or

• an urgent decision is required before the school year begins.

A lawyer can help interpret the existing agreement or order, identify the relevant evidence and determine whether negotiation, mediation or a court application is appropriate.

How Bridgestone Law Can Help

Bridgestone Law assists parents in Calgary and throughout Alberta with education decisions, parenting agreements, decision-making responsibility and court applications.

We can help you determine who currently has authority to make school decisions, develop a practical proposal and address issues involving enrolment, school changes, specialized programming or educational expenses.

Where parents cannot agree, Bridgestone Law can help present the relevant evidence and seek an arrangement that supports the child’s stability, educational needs and overall best interests.