Back to school: The justice should decide for some children

Retour à l'école: La justice doit trancher pour certains enfants

Unable to agree on the return in or out of the classroom of their children, parents have been required to ask the Court to decide the issue.

In view of the recovery of the “non-mandatory” the school year shall be made on the 11th may next for the students in the primary , judge Claudia P. Prémont had to analyze the case of two families that have been submitted since the parents weren’t on the position to be adopted.

“The decision of the parties to return their child in the classroom is important and is part of the exercise of parental authority. This joint exercise is to aim for the best interest of the child”, wrote the president of the Court in the context of the written decisions rendered.

Increased risk

For the first child, 6-year-old, whose mother wanted to return to the classroom while his father disapproved due to an auto-immune disease that affects his wife, the judge considered that it was in the interest of all that the child remains at home.

According to the president of the Tribunal, the toddler who attends kindergarten has no “academic difficulty”.

Although it is clearly “beneficial” for a child to attend school, “the current situation is exceptional and due to the coronavirus” could result in significant risk to the new spouse of the father. Because of “the state of health-severe” the lady “who may not take a higher risk of being infected”.

Academic difficulties

For the second family, which was in disagreement over the return of their seven-year child in the school environment, the judge ruled that he was to return there to complete his first year, and this, even if the father argued that his child was more at risk of contracting the COVID-19 since it suffers from “asthma kids”.

As some learning difficulties appear to be already on the horizon for the kid, the judge Premont ruled that it was “essential that the child can have access to his teacher and to the school for the mentor by the end of the year.”

Concerning the fear of the father that the child would be more likely than other to catch the virus, it recalled that “the government of Quebec, with the assistance of the public health, had put in place sanitary measures and rules of distancing to allow the return to the classroom to protect the children.”

“In this context, there is no reason not to trust teachers and educational institutions for compliance with these measures,” she added.


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