Thursday, September 16, 2010

Fraternal Relationship Trumps Artistic Talent

From Eugene Meehan-

FAMILY LAW: CHOICE OF SCHOOLS There is a publication ban on the names of the parties in this case. The dispute between the parties concerned the elementary school in which their child is to be registered in September 2010. The father, who is the Applicant, would prefer that the child begin school at a school the parties had previously agreed on orally. According to him, the school in question is one where the child would be able to develop his artistic abilities and musical talent and would be with several friends from daycare who live in the same neighbourhood as he does or who take swimming lessons with him. The mother, who is the Respondent, would prefer to send the child to the same school as his older half-brother. In her opinion, that would permit the child to grow up in the same school environment as his half-brother, thus bringing him a measure of stability. The father filed a motion for, inter alia, an order that the child be registered at the first school.

The Superior Court held that fostering the fraternal relationship between the children should be preferred to placing the child in an academic program suited to his aptitudes in which he would be with a few friends, and it accordingly authorized the mother to register the child in the school she favoured. The C.A. granted the mother's motion to dismiss the appeal on the basis that the appeal had no reasonable chance of success.F.H. v. A.-C.L. (Quebec C.A., March 22, 2010) (33715) "The application for leave to dismissed without costs."



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