The back-to-school, decided by the superior Court

Le retour à l’école tranché par la Cour supérieure

Le retour à l’école tranché par la Cour supérieure


8 may 2020 16h52

Updated at 17h06


The back-to-school, decided by the superior Court

Le retour à l’école tranché par la Cour supérieure

Le retour à l’école tranché par la Cour supérieure

Isabelle Mathieu

The Sun

Stephen*, 7 years old, will return to school on Monday. But Ludovic*, 6 years old, will not go. In both cases, it is a judge of the superior Court, which had to be ordered because the separated parents could not agree.

The mother of Stephen, filed a request for safeguard order to the superior Court so that his son can return to his / her school at the time of the reopening, on 11 may.

The mother argued that a return to school will be beneficial for his boy, who has learning difficulties, particularly in reading. She even thinks that a return is required for it to succeed in its first year.

The father does not agree: his son suffers from asthma juvenile and would be more at risk of have an impact if it is infected by the COVID-19.

The child is not the subject of a follow-up medical particular and has never been hospitalized. According to the mother, a test at the pediatric clinic, a year ago, has revealed that Stephen no longer suffered from asthma. It still has a prescription for a medication through the pump in case of symptoms.

Judge Claudia P. Prémont is estimated not to have had evidence that the medical condition of the child makes the child more vulnerable than another. There is no reason not to trust the teachers and schools for compliance with sanitary measures, wrote the judge.

“The first year is important in the educational journey of a child, especially in the case of learning difficulties seem to be emerging on the horizon,” notes the judge, in ordering the return to school.

The two parents before school

Ludovic himself, will complete his year of kindergarten at home, because slice the tribunal, a return to the school would have been able to put in danger the wife of his father, who suffers from lupus, an autoimmune disease.

Since the beginning of the confinement, Ludovic lived alternately with his father and his mother, who telework.

Little boy sociable and without any particular difficulty at school, Ludovic was very excited to see her friends. His mother believed that his academic development and his socialization should take precedence over.

The father asked what Ludovic is staying home for the rest of the year because his wife, who has a health problem severe, could not take a higher risk of being infected.

The mother of Ludovico offered to keep his son full-time during the pandemic. Or suggested that the spouse of the father to go and live elsewhere.

Judge Claudia P. Prémont is in agreement with the fact that it is beneficial for a child to attend his / her school environment, both physically and psychologically.

Except that in the case of Ludovic, school attendance, would make him be cut off from his father during the next six weeks due to the state of health of his spouse.

“In these circumstances, taking into account the age and the particular situation of Ludovic, the Court considers that the latter will reap the greatest benefits of an ongoing relationship and positive with each of her parents with whom one can do activities and improve its academic monitoring in lieu of his attendance at school,” wrote the judge Premont.

* First name fictitious

Le Soleil

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