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Droit de la famille – 132498, 2013 QCCS 4443 (CanLII)

The Facts: The parties are parents of 2 children.  The mother enrolled the children in private school against the father’s wishes.  Complete Decision  The parties settled the divorce with a consent to judgement.  However, in the consent the mother did not  claim the fees for private school which she paid alone.  Six years later, the mother claimed a contribution from the father towards the private school expenses.  The father objected.

Decision:  The Court dismissed the mother’s claim, essentially for two reasons.  First, because she did not demonstrate a material change in circumstances.  Second, because she did not meet the necessity requirement.  Namely, despite what the public school system already had to offer, she did not demonstrate it was necessary for the children to attend private school.