Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, November 19, 2020

Joint Custody: Important Decision On Child's Education Decision

From Law Times News:

In a case involving the issue of in-person versus online education, the court held the father liable for contempt for registering the child for in-person classes in violation of an earlier court order. 

In Kaszap v. Volk, 2020 ONSC 6129, the parties lived together from 2009 to 2014 and had one nine-year-old daughter. Upon separation, the child alternated between parents on a weekly basis. The 2017 order gave them joint custody, equal parenting time, and both parties had to agree to a decision concerning the child’s education, and if they disagreed, they would go through mediation before initiating litigation.

Mother alleged father should be held in contempt when he breached the order by his act of unilaterally registering the child for in-person education in violation of the 2017 court order.

The court, after considering factors, ruled that it is the best interest of child to attend  in person and to be permitted to take the bus for transportation between her father’s house and the school. However, father is still liable for not making this decision, according to the issued order, with mother's approval, and being ordered to pay the mother’s costs associated with the motion for contempt.

Read more here.

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