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Family Law Update: Court Orders that Child Attend School for In-Person Learning Despite COVID-19.

Updated: Feb 11, 2023

In a recent Ontario family law decision, a mother sought a Court Order that her child, who had no underlying health conditions, attend school in-person beginning in September 2020.

However, the father sought an Order preventing his child from attending school in-person until the safety protocols and measures taken by the school board to combat Covid-19 were seen to be successful.

The Court ended up siding with the mother's request by granting a temporary Order that the child is allowed to attend school in-person with the issue to be revisited again at a later date, as the safety of the child is an ongoing concern. In its decision, the Court commented that the Ontario government cannot guarantee the safety of children returning to school this fall due to the inherent risks associated with COVID-19. However, the possible risk being faced with COVID-19 is being considered along with other factors in mind, such as the mental health of the children along with the parents' need for child care that schools provide with in-person learning.

*The above is for general information purposes only and is not to be construed as legal advice, as your specific situation may differ and require individual attention.*

For more information on your specific situation, we are conveniently located at 9131 Keele Street, Unit A4 in Vaughan, Ontario L4K 0G7 and you can speak to one of our family lawyers by booking a consultation online at, emailing us at, or reaching us by phone at 416-512-2529, and we would be happy to arrange a consultation in order to assist you.

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