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Moving and schools

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Anonymous Asked:

Good afternoon,

I have been divorced for 5 years. My ex is now in a new relationship and has moved to a different sector, that is no longer in our children's school zone.

He has kept the home that was in the school zone and is renting it.

I will be moving next summer, outside of the school zone as well.

He is opposing my move and plans on using the law to prevent me from moving because he does not want our children to change schools. He is under the assumption that because he's kept the house located in the school zone that they can still attend that school.

My inerpretation of what is your main residence is where you actually live - his other house is now only income property - he claims otherwise.

I would like some clarification on what would be considered your family home, and whether you actually need to reside there to have it considered as such.

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Andrew Heft
5 years ago

Your question actually involves two different sets of laws and regulations which could possibly have different definitions of residency. 

Residency based on the civil code is defined as the place where one habitually resides. If you or your ex-spouse do not live or spend any time in the rented house then it isn't possible to claim the rented house as being a habitual residence. 

Residency, for purposes of establishing school board territory is determined by a different series of laws and regulations but ultimately decided on the type of proof the school board requires to determine residency. Fundamentally, there is no need to reside on a particular territory to be allowed to frequent its school. The reason this is a widely held belief is that local residents close to the school are given priority and that there is usually no room left once these local children are registered. Exceptions do also exist but are governed by School board regulations and policies. 

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