The exercise of parental authority in the age of COVID-19

Food Pension

June 28, 2023

May 2, 2020 update

On Monday, April 27, the Quebec government announced its plan to reopen schools:

  • From May 11, 2020, preschools and primary schools will be able to open their doors to students throughout the province, except in the Communauté métropolitaine de Montréal;
  • As of May 19, 2020, preschools and primary schools in the Communauté métropolitaine de Montréal will be able to open their doors. To consult the list of municipalities concerned, visit: https: //cmm.qc.ca/a-propos/territoires-et-municipalites/

As a result, high schools will remain closed until the start of the next school year in September 2020, and students will have to continue their distance learning.

The government has stressed that the return to the classroom is voluntary. As a result, parents who feel it is appropriate to continue their children's education at a distance will be able to do so with the help of the pedagogical support offered.

But what if the parents can't agree on a decision?

As emphasized in our April 24 press release, we deplore the lack of government guidance on this subject.

It's important to understand that school attendance is an important decision affecting a child, and falls within the joint exercise of parental authority. It must be a joint decision.

In the event of conflict, the law stipulates that such disagreements must be resolved by the court. Its decision will always be based on the best interests of the child concerned. Among the factors to be weighed are the following:

  • The presence of a health vulnerability in the child or its parents (chronic illness, severe immunodeficiency, pregnancy or age 60 or over);
  • The fact that the child is in a situation of mandatory 14-day confinement in cases determined by the government (contagion, contact with a sick person, return from a trip, etc.);
  • The specific situation of the school attended by the child, with regard to the sanitary measures in place;
  • The presence of learning difficulties in the child;
  • The availability of an adult at home to supervise and support the child's learning activities;
  • The fact that the government has cancelled the ministerial tests, so that pupils' passage to the next level will be assessed on the basis of the child's progress in the first two stages and any additional work or assessment imposed by his or her teaching;
  • The fact that the government's stated aim of returning to the classroom is to consolidate the learning that is essential for moving on to the next level; or even
  • Availability of school transport, if necessary.

It should be remembered that the courts' activities are currently limited to urgent situations, each case being an individual case.

Parents must therefore do their utmost to agree on a decision that represents the best interests of their children. This can be achieved by using alternative methods of conflict resolution, such as negotiation or family mediation, with which we can assist you.

 

If you have any questions or require assistance, please do not hesitate to contact us: (450) 668-8008
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