On a family law motion, the mother sought an order changing the schooling of twin children from a long-standing church school to public school.
The court held that where parties share custody, the court may isolate education as an incident of custody and decide the issue solely on the children's best interests under s. 24 of the Children’s Law Reform Act.
The court rejected allegations that the existing school arrangement was harmful, found no material change in circumstances from the parties' prior agreement that the children would continue at that school, and placed weight on the children's strong preference to remain there and the stability the school provided during family upheaval.
The motion was dismissed.
