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Law.Hut
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My ex is stating that he wants our child to be a student in

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My ex is stating that he wants our child to be a student in the catholic school board. The place where my child & I are moving to only have a public school. I have asked the catholic school board if they would accept my son at the catholic school in the next town. I am worried that if the catholic school board says no that my ex will try to take my child from me even though we have a written agreement giving me primary custody (we have joint custody regarding education, etc). The agreement says that if I cannot take care of my child for any reason custody would go to my ex. Would me not getting my son into a catholic school count as not being able to care for my child. Does my ex have any right to take my child away if I cannot get my son into a catholic school (even though there is a public school in the town we will be moving to). What are my rights?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

Choice of Catholic versus public school would not in any way need to court to conclude that you're unable to meet the best interests of your child. Your spouse could only succeed in trying to take away your primary custodial rights if he could prove that you are unable to meet the best interests of your child. The child will be able to go to a perfectly satisfactory school. It may not be the first school of choice for your ex husband, but that does not mean That it is in some fundamental way deficient. The other parent would have virtually no chance of taking custody if all he could point to is that you are not putting the child in Catholic school, particularly if you are making all efforts to try and accommodate that request but there is simply no such school available in your community. Furthermore, the parenting agreement you have does not specifically state that the child is to attend a Catholic school, that is an indication to the court that this is not something that is truly key or central to the well-being of the child in the view of either parent. If it was, it would've been included in such an agreement.
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Category: Canada Law
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