Separation & Schooling

What can I do if my ex and I cannot agree on where our children go to school?

A dispute that can come up between separated parents is where their child or children will go to school.  In some cases, separated parents will often try and involve the school to try and resolve the dispute between them, however it is important for parents to avoid this.  School is supposed to be a neutral and safe space for your child/children, and it is not within the school's responsibility to get involved in disagreements between parents.  This can often lead to further tensions between school staff and one or both parents which ultimately impacts a child or children.

The Family Law Act (1975) contains a presumption that both parents have equal shared parental responsibility for their child/children and that both parents should make any major decisions about long-term issues jointly. This includes educational matters. This means that unless there is already an order for one parent to have sole parental responsibility, a decision about where a child is enrolled to attend school should be made by both parents.

Does a school need the consent of both parents to enrol a child?

Schools are not required to obtain the consent of both parents in order to enrol a child at that school. That being said, if one parent “unilaterally” removes and/or enrols their child/children at a different school, that is, without the other parent’s consent or a court order, then this can sometimes be viewed by the Court as evidence that this parent is unwilling to involve the other parent in long-term decisions impacting on their child/children and it may mean that the Court considers making an order for the other parent to have sole parental responsibility for the child/children. Court will also have to consider things like the distance from the school to each of the parent’s homes, the impact the travel time may have on the children and/or their ability to spend time with each parent, the cost of the school fees and any physical, mental or behavioural issues that may exist and what schools can offer the best resources to meet a child’s needs.

Who is responsible to pay school fees?

A common myth is that both parents have to pay school fees equally between them, regardless of which parent chose a school for the child to attend, however this is not the case. If one parent unliterally enrols a child/children at a school without the other parent’s consent, the school’s enrolment contract is only with the enrolling parent which means that the enrolling parent is liable to pay for all school fees.      

Report cards and other information?

It is important to note that (unless there is a court order to state otherwise), regardless of which parent the child/children live with or spend time with, both parents are entitled to access and receive the same information as the other parent about their child/children from a school. This includes things like school newsletters, report cards, notices of a child getting an award and school photograph order forms. 

A common issue in family law matters is that sometimes the parent with the primary care of the child may be the only parent receiving this information but not passing it on to the other parent. If this is occurring, it is important that the parent not receiving the information contacts the school and ensures that their own contact details are added so that they receive the same information and communication as the other parent.  If the communication between parents is already poor, then having the school send the information to both parents can help minimise the need for parents to have to contact one another.

Ensure you are organised

Ideally, any discussions about schooling should occur well in advance of the school year so that in the event that there is a dispute about where children attend school, both parents have plenty of time to take steps in order to:-

1. Participate in formal dispute resolution/mediation with each other to try and come to an agreement, or if no agreement is reached;
2. Obtain independent legal advice from a family lawyer and negotiate with the other parent to try and come to an agreement, with the assistance of your lawyer/s, and if there is still no agreement reached;
3. Take steps to file a Court Application seeking specific orders permitting one parent to have sole parental responsibility for the child/children’s educational matters and authority to enrol the child/children in a particular school.

It is important to try and discuss the above issues with the other parent well in advance of the school year commencing so that, if agreement is not reached, you have sufficient time to seek independent legal advice

If you are in a situation where you and your ex cannot agree on the school where your children will go, then we strongly recommend that you obtain legal advice sooner rather than later. Contact our office to make an appointment with one of our solicitors to discuss your circumstances and obtain advice on your situation on (07) 4963 2000 or through our online contact form below.