Who Decides Which School a Child Attends After Separation in Alberta?
By Ramsha Javed, Family Lawyer, Calgary
Choosing a school is an important decision that can shape a child's educational experience and development. After separation or divorce, however, that decision can become more complicated and emotionally charged. Parents may disagree about location, religious studies, private versus public, or specialized programs. When an agreement is not possible, parents are often left wondering how these decisions will be made.
In Alberta, parenting decisions are guided by the best interests of the child. This means the court does not automatically favor the parent who spends the most time with the child or prefer one parent's choice over the others. Instead, judges consider a range of factors to determine which arrangement best supports the child’s physical, emotional, and developmental needs. In this blog, we explain who has the authority to decide where a child attends school, the factors Alberta courts consider when parents disagree, and what this could mean for your family.
Who Has the Legal Right to Decide Where Your Child Goes to School
Decisions about a child's education fall under what the law calls 'decision-making responsibility', which is a fundamental part of legal guardianship. This responsibility includes major choices about schooling, health care, religion, and important activities.
Under the Divorce Act and the Alberta Family Law Act (the “FLA”), parents may have:
- Joint or shared decision-making responsibility, meaning they must consult each other and try to agree.
- Sole decision-making responsibility, where one parent has the primary authority to decide.
Even when one parent has the authority to make education decisions on their own, those must still be made in the child’s best interests. If a decision is not in the child’s best interests, it may be challenged in court.
How Courts Decide the Best Interests of the Child
When making decisions about children, courts apply a legal test known as “the best interests of the child”. This test, which is set out in both the Divorce Act and the FLA, requires the court to prioritize the child’s physical, emotional, and psychological safety, security, and well-being.
In school disputes specifically, courts commonly consider factors such as:
- The child’s individual needs and personality.
- Stability and continuity in the child’s life.
- The child’s relationship with their parents, siblings, and peers.
- Cultural, linguistic, or religious considerations.
- How school choice may affect parenting time.
- And, the practical realities of the child’s day-to-day life, including transportation, scheduling, and routines.
Courts also want to see that both parents stay meaningfully involved in a child's life, so if a school choice would significantly limit one parent's parenting time, that carries weight too.
No single factor is more important than the others. Courts consider all the circumstances together to determine what outcome best supports their development.
Importantly, the “best” school is not necessarily the one preferred by either parent. It is the environment where the child is most likely to thrive.
How Stability and the Child's Routine Are Weighed
Stability is often an important consideration in school-related disputes. For many children, school is more than a place of learning. It is where they build friendships, develop routines, and feel connected to their community. Maintaining that sense of stability can support a child's:
- Emotional security.
- Academic progress.
- Friendships and peer connections.
- Participation in extracurricular activities.
Daily routines and consistency. If a child is settled and doing well academically and socially, courts are generally reluctant to order a change without compelling reasons.
For example, consider a child who has attended the same elementary school since kindergarten. Their teachers know them, they have close friends, and maybe they participate in sports or clubs. If one parent moves across the city and proposes changing schools for convenience, the court may conclude that maintaining continuity better serves the child’s interests.
The key question often becomes: Is the child thriving where they are now?
Deciding On the Right School
While stability is important, courts also consider whether the school meets the child’s individual needs. Every child is different, so the school that seems best on paper is not always the school that best meets a particular child's needs.
For instance, a child with learning differences may benefit from smaller classes and specialized support services. A highly competitive academic environment could increase stress rather than promote success.
Practical considerations, like safe and reliable before and after-school care, also matters. If attending a particular school would require lengthy childcare arrangements, frequent disruptions to routines, or care that does not adequately meet the child's needs, courts may consider whether those arrangements support their best interests.
Does the Child Get a Say in Where They Go to School
Yes, a child's views may be considered when decisions are made about where they attend school, but they are not the sole consideration.
Under the Family Law Act, courts must consider a child's views and preferences to the extent that it is appropriate to ascertain them. Similarly, the Divorce Act requires a child's views and preferences be given due weight in light of their age and maturity.
Courts must weigh the child's views alongside their broader best interests, this includes:
- Age and maturity – The preference of a child who is older and more mature generally carries more weight; however, there is no fixed age at which a child's preference becomes decisive as courts recognize that children mature at different ages and stages.
- Understanding - whether the child understands the situation and its potential consequences.
- Independence - whether the views genuinely reflect the child's own perspective or may have been influenced by others.
- Reasons - the reasons underlying the child's preference are important in determining the weight to give it.
The right to be heard is not the right to decide. While a child's voice matters, the court remains responsible for making the decision that is in the child's best interests.
Deciding where a child will attend school after separation can be challenging, particularly when parents hold strong and differing views. Alberta law provides a clear framework: decisions must be guided by the child's best interests. The appropriate school is not determined by parental preference, reputation, or convenience. It is the environment that offers stability, support, and the greatest opportunity for the child to grow academically, socially, and emotionally.
Disputes about schooling can affect both your child and your parenting arrangements. Because each family’s circumstances are unique, obtaining legal advice early can help you understand your options and protect your child’s interests.
Our dedicated team of family lawyers at Crossroads Law has experience assisting parents with decision-making conflicts, parenting plans, and education-related disputes. Contact us today to book your free 20-minute consultation online or by phone. We’re here to help.
