The start of a new school year can create added pressure for separated families. You may be considering whether your child should remain at their current school, change schools, or take part in a different educational program.
When guardians don’t agree, the decision isn’t based only on which option one person prefers. You need to understand who has responsibility for education decisions, what your agreement or court order says, and how the proposed change relates to your child’s best interests.
In our Parenting Issues practice, the interests of children remain our greatest concern. We help families understand parental responsibilities, including responsibilities that affect where a child goes to school. Our lawyers provide clear, compassionate guidance to families throughout Langley, Surrey, and the Fraser Valley.
Are School Decisions a Parental Responsibility in BC?
Yes. Section 41 of BC’s Family Law Act identifies decisions about the nature, extent, and location of a child’s education and extracurricular activities as parental responsibilities. Requesting and receiving information about the child’s education is also included.
This may include decisions about:
- where your child attends school
- whether your child changes schools
- the nature or location of an educational program
- participation in extracurricular activities
- access to educational information
These responsibilities are different from ordinary day-to-day decisions. Under section 42 of the Family Law Act, a guardian may generally make day-to-day decisions during parenting time, subject to any agreement or court order that says otherwise.
Responsibility for education decisions may be allocated differently in an agreement or court order. Having parenting time doesn’t automatically mean you have sole responsibility for deciding where your child goes to school.
Who Can Make Education Decisions?
Your parenting arrangement is the starting point. The wording of your agreement or court order may determine who is responsible for education decisions and whether consultation is required.
Under section 40 of the Family Law Act, only a guardian may have parental responsibilities. Unless an agreement or court order provides otherwise, each guardian may exercise those responsibilities in consultation with the child’s other guardians, unless consultation would be unreasonable or inappropriate in the circumstances.
An agreement or court order may provide that an education decision will be made:
- by one guardian
- by two or more guardians together
- separately in defined circumstances
- through an agreed process when guardians can’t agree
BC law doesn’t presume that parental responsibilities must be divided equally or that guardians must always make decisions in the same way. The allocation depends on the agreement, court order, and circumstances of the child.
Does the Divorce Act Apply?
The federal Divorce Act may also apply when married spouses are divorcing or are subject to a parenting order made under that legislation.
Under section 2 of the Divorce Act, “decision-making responsibility” includes responsibility for significant decisions about a child’s well-being, including education. Section 16.3 allows that responsibility to be allocated to either spouse, both spouses, another eligible person under the Act, or a combination of those people.
Which legislation applies will depend on your circumstances and the terms of any existing agreement or court order.
How Do the Child’s Best Interests Affect the Decision?
A school decision isn’t determined only by what’s easiest for either guardian.
Under section 37 of BC’s Family Law Act, guardians making an agreement and courts making an order about parenting arrangements must consider the child’s best interests only. Section 43 also requires guardians to exercise parental responsibilities in the child’s best interests.
Relevant factors may include:
- the child’s health and emotional well-being
- the child’s views, unless considering them would be inappropriate
- the child’s relationships with significant people
- the history of the child’s care
- the child’s need for stability
- each guardian’s ability to exercise their responsibilities
- the effect of family violence
- whether requiring guardians to cooperate would be appropriate and safe
Section 16 of the Divorce Act also requires courts to consider only the child’s best interests when making parenting orders. Primary consideration must be given to the child’s physical, emotional, and psychological safety, security, and well-being.
Neither law decides a school dispute in advance. The decision depends on the individual child, the parenting arrangement, and the evidence available.
This child-centred approach reflects how we support families facing parenting issues. We focus on helping you understand which legal factors matter without losing sight of the effect the decision may have on your child.
Four Questions to Review Before a School Decision
A registration deadline can make the situation feel urgent. Acting before you understand your responsibilities may make the disagreement more difficult to resolve.
1. Who Is a Guardian?
Only a guardian may have parental responsibilities under the Family Law Act. Parents are generally guardians, but section 39 includes exceptions, and guardianship may also be affected by an agreement or court order.
2. Who Has Responsibility for Education Decisions?
Read the entire parenting agreement or court order. Look for provisions addressing:
- parental responsibilities
- education
- consultation
- parenting time
- access to information
- dispute resolution
The relevant wording may appear in more than one section. Reading one clause in isolation may not provide the complete answer.
3. Is Consultation or Agreement Required?
Your documents may assign education decisions to one guardian, require guardians to decide together, or establish a process for resolving disagreements.
Section 44 of the Family Law Act allows guardians to make agreements about the allocation of parental responsibilities, the implementation of parenting arrangements, and methods for resolving disputes. Section 45 allows courts to make orders addressing those matters.
4. How Does the Decision Relate to the Child’s Best Interests?
Keep the discussion connected to the specific education decision and the circumstances relevant to your child.
The focus may include your child’s well-being, stability, care history, relationships, and individual needs. Keep these considerations connected to the best-interests factors in the law, rather than the broader conflict between adults.
What Can You Do When You Don’t Agree?
Once you’ve confirmed what your agreement or order requires, the next step is to define the disagreement clearly.
Explain the Proposed Decision in Writing
Identify what is being proposed, when a response is needed, and why you believe the decision supports your child’s best interests.
A focused written proposal can help narrow the dispute to the school decision itself.
Follow the Existing Parenting Arrangement
If your agreement or order requires consultation or sets out a dispute-resolution process, follow those terms.
A school deadline doesn’t, by itself, change the terms of an existing agreement or court order.
Get Advice About Unclear Wording
A provision about education may need to be read alongside clauses dealing with consultation, parenting time, information sharing, or dispute resolution.
You don’t have to interpret those provisions alone. We can review the document with you, explain the relevant legal framework, and help you understand the options available in your circumstances.
Consider Whether Court Directions Are Required
When guardians can’t resolve an issue, section 45 of the Family Law Act allows a guardian to apply for an order allocating parental responsibilities or establishing a way to resolve disputes. Under section 49, a guardian may also apply to court for directions about an issue affecting the child.
A court’s decision will depend on the evidence and the child’s individual circumstances. Neither guardian is guaranteed their preferred result.
Can You Receive Information From the School?
Requesting and receiving information about a child’s education is a parental responsibility under section 41 of BC’s Family Law Act. Whether you may exercise that responsibility can depend on guardianship and the terms of an agreement or court order.
Section 16.4 of the Divorce Act also provides that, unless a court orders otherwise, a person with parenting time or decision-making responsibility may request and receive information about the child’s well-being, including educational information, subject to applicable laws.
Don’t assume that access works the same way in every case. Before providing legal documents to the school, ask your lawyer what information, if any, should be shared.
Get Clarity Before You Make a School Decision
School decisions can feel especially stressful when the new school year is approaching. You’re trying to protect your child’s education and stability while respecting the parenting arrangement that applies to your family.
We’ll help you understand what your parenting documents mean, how the law applies to the decision you’re facing, and which next steps may be available. With more than 90 years of combined experience, our team provides steady, plain-language family law guidance throughout Langley, Surrey, and the Fraser Valley.
Contact Dreyer and Associates Family Lawyers for advice based on your parenting agreement, court order, and family’s circumstances.
Disclaimer: This article is intended for general information only and does not constitute legal advice. For advice specific to your situation, please contact Dreyer and Associates Family Lawyers.
