Our client wanted to obtain a judgment allowing her child to attend the virtual school within the framework of custody rights. The client suffered from a health problem that weakened her immune system. The school board has allowed children to attend virtual school, but the father is against it. Rather, he asks for sole custody of the children and that the children continue to attend physical school.
The government has issued a new decree according to which children can benefit from the virtual school if they, or a loved one with whom they live, have a medical condition that puts them at risk of serious complications if they contract COVID-19, when a doctor recommends that these students not attend a school.
The National Institute of Public Health subsequently issued a list of diseases / medical conditions of people considered “at risk”. It is also on this list that the school boards are based to establish whether or not the child can benefit from the virtual school (online).
The father arguments are based on the fact that one of the children has a learning disability, and he is worried that the child will not be able to benefit from the same support services as at school. The other argument is a question of parental alienation. He maintains that our client is doing parental alienation and tries to quietly move the child away from him, then to ultimately ask for sole custody.
Our arguments are that the virtual school was set up to protect people at risk, that this virtual school is not the same as the one that existed before. Now, the virtual school is in fact a whole other school, with a well-established program, and specific and specialized services for children in difficulty. In addition, if the children go to physical school, our client will no longer be able to see them.
The interim judgment hearing lasted 3 days, the judge wanting to make the right decision and apply the law correctly, this decision being according to our information the very first in the matter. The judge finally ruled in our favor, and the virtual school was allowed for the children.
Our clients do not always succeed. See notice.
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