When parents separate, one of the biggest decisions is where the child will go to school. Parenting and school decisions can affect your child’s daily life, learning, and stability.
In Australia, both parents usually share the duty to make important choices about education. This is called “parental responsibility.”
It means that even after separation, you and the other parent both have a say about which school your child attends.
If you cannot agree, you may need help from lawyers, mediators, or the court to find the best outcome for your child.
Below are some common questions about who decides on school matters after separation.
Who Has the Legal Right to Make Parenting and School Decisions After Separation?
When parents separate, the law says both usually keep “equal shared parental responsibility.” This means you each have the right to be involved in parenting and school decisions. These decisions include:
- Which school the child will attend
- What subjects or extra activities they might take
- Support needs for learning or wellbeing
Having equal shared parental responsibility does not mean the child must spend equal time with each parent. It simply means you both must try to agree on major long-term decisions, including schooling.
In some cases, a court may decide that only one parent will have this responsibility. This might happen if there are concerns about family violence or if one parent is not able to take part in these decisions safely.
But most of the time, the court expects both parents to share the responsibility.
Read Also: Can I Relocate With My Child After Separation? What the Law Says
What Happens If Parents Disagree About School Choice Under Australian Family Law?
Disagreements are common when it comes to parenting and school decisions.
You might want your child to stay at their current school to keep their friendships and routines, while the other parent may want a new start elsewhere.
If you disagree about which school your child should attend, you have several options before going to court:
- Discussion: Try to have a calm talk and see if you can find a compromise.
- Mediation: A family dispute resolution service can help you both share your views and work out an agreement.
- Legal Advice: A family lawyer can give you information about your rights and options.
If none of these steps lead to an agreement, you can apply to the Family Court or Federal Circuit and Family Court. The judge will then decide which school is best for the child.
Until there is an agreement or an order, you should not change your child’s school without the other parent’s permission, as doing so may cause legal problems later.
Read Also: When Separating, What Are My Rights Under Australian Family Law?
How Do Courts Decide Which School Is in the Child’s Best Interests?
The court’s main goal is always to focus on what is in the child’s best interests. When deciding on parenting and school decisions, the judge will look at several factors, such as:
- Where each parent lives and how far it is to each school
- The quality of the schools being considered
- The child’s special needs, learning difficulties, or talents
- The child’s friendships and social connections
- The child’s wishes, depending on their age and maturity
- Any risks to the child’s safety and wellbeing
You might be asked to provide reports, school records, or statements that show why you believe a certain school is better.
The court does not automatically favour the choice of the parent who has more time with the child. Instead, the judge weighs all the information carefully to decide which school arrangement will help the child most.
Can Parenting Orders or Parenting Plans Specify School Arrangements?
Yes. If you want clarity about schooling, you can include details in a parenting order or a parenting plan.
A parenting plan is a written agreement between you and the other parent about care arrangements and important decisions.
While it is not legally enforceable, it shows your commitment to work together and can guide your actions.
A parenting order is made by a court and is legally binding. It can set out:
- Which school your child will attend
- How you will share costs for school fees and supplies
- Who will take your child to and from school
- How you will make other parenting and school decisions
Having these details in writing can reduce arguments and give everyone clarity. If circumstances change, you can seek to vary the order by agreement or apply to the court to have it reviewed.
What Steps Should You Take to Resolve Parenting and School Decisions Disputes?
If you are struggling to agree on schooling, it is important to act early. Long delays can disrupt your child’s education and cause stress for everyone. Here are steps you can consider:
- Talk Openly: Arrange a time to talk without distractions. Explain why you prefer a certain school and listen to the other parent’s views.
- Use Mediation: Family dispute resolution can help you find common ground. Many parents are surprised how helpful it is to have a neutral person guiding the conversation.
- Get Legal Advice: A family lawyer can explain your rights and help you understand what options you have.
- Put It in Writing: If you agree, record your decision in a parenting plan or ask the court for a consent order.
- Apply to Court: If agreement is impossible, you can ask the court to decide which school is in the child’s best interests.
Always remember, courts expect parents to try to resolve issues themselves before applying for orders. If you make genuine efforts to agree, you will be showing the court that you are focused on your child’s wellbeing.
Helping Your Child Feel Supported
School decisions after separation can feel overwhelming, but staying focused on what helps your child feel safe and settled will guide you toward better choices.
Parenting and school decisions should always be about what makes your child feel secure and able to learn. If you and the other parent can stay calm and respectful, it can make this time much easier for your child.
Ready to Talk About Your Options?
Have questions about school decisions or other parenting arrangements? Ipswich Family Lawyers can guide you through your choices with clarity and care.
Our experienced team understands how emotional and stressful these decisions can be. We will help you explore your options, prepare for mediation, or apply for orders if needed.
If you would like to feel more confident about your next steps, call us today to arrange a confidential discussion about your family situation.
