KITCHENER -- Return to class in-person – or – stay home for distance learning? Parents had to make a tough decision this school year – and still have time to change their minds.  But what happens when divorced parents disagree about back-to-school related decisions? CTV’s Rosie Del Campo spoke to family law attorney Leanne Townsend:

How would you describe the challenges that come with making these decisions in a family with divorced parents?

These decisions are tough ones to make even for parents who are together and have a good relationship. I think when you take a couple that is high-conflict, doesn’t get along or is divorced or separated, it’s a recipe for dissension and conflict. There definitely has been a lot of that happening in recent weeks and the courts have weighed in and made some decisions to provide a little bit of clarity. But there’s conflict with some couples.

What does the law say in this kind of situation – who decides?

The cases are leaning towards, if there are no immunocompromised children in the home or parents, step-parents, grandparents, then the courts lean toward the children returning to the classroom. But if there is someone in the home who is immunocompromised, then the courts are saying that online learning might be the best option for the family. Courts are very much encouraging couples to try to make these decisions themselves and not resort to the courts and not resort to a judge who doesn’t know their children. Parents are in the best position to know what’s best for their child and the focus is very much what is in the best interest of that individual child or children.

At what point should you consider changes to parent schedules? If a legal agreement is already in place, how do you make that adjustment?

If a legal agreement is in place, then the parties are bound by that, whether it’s a court order or a separation agreement. The schedule that is in the agreement, the decision making arrangement that is in the agreement is what should stand. What I’m finding with some of my clients is if the children are going to be doing online learning then why shouldn’t the summer schedule apply? In a situation, say, where the children are with one parent more during the school year, the other parent is now saying no wait a minute, if they don’t have to go to school and can do online and I’m supporting online, then the schedule can change to give me more time. That’s a process. If somebody wants to change an existing separation agreement or court order they have to bring a motion to change and that’s a much lengthier process and not something that can be done quickly as an urgent motion.

What advice do you have for parents, based on what you’re seeing as a family law attorney during the pandemic?

I would tell parents to look at, objectively, what is in the best interests of your child? Is your child somebody who needs to be with their friends more and needs the structure of a classroom? Is your child immunocompromised? Is someone in your home immunocompromised? What does your child want to do? I think parents should try to work together and not have to resort to the courts and genuinely try to take into account what is the best solution for their individual child.