Who Chooses A Child’s School After Separation?

SCHOOLING 101 FOR SEPARATED PARENTS

Choosing the right school for your child is a significant decision for any parent. This decision can become more challenging during separation or divorce, especially if communication has deteriorated or if one school is more convenient for one parent than the other.

Who Decides on a Child’s School?

Under the Family Law Act 1975 (Cth), there is a presumption that both parents will jointly make decisions regarding major long-term issues in the best interests of their child, which typically includes decisions about schooling.

Decisions such as which school a child should attend, addressing academic achievements, behavioural issues, or changing schools are considered major long-term issues that should be made jointly by both parents.

Unless a court order grants one parent sole decision making, both parents should agree on the school their child attends and both should sign any enrolment forms.

What if Your Ex Enrols or Removes Your Child Without Your Consent?

Schools are not required to verify that both parents have agreed to a child’s enrolment before accepting them. If you discover that your ex has enrolled your child without your consent, it is important to inform the school promptly of your non-consent.

Once the principal is aware of the disagreement, they can only enrol the child for one school term, allowing time for a joint decision to be made. During this period, you should try to reach an agreement with your ex regarding the best school choice. If an agreement cannot be reached, you may need to seek a court order.

Which Parent Pays School Fees After a Divorce?

Generally, unless there are specific agreements or court orders, both parents are legally required to contribute to school fees. This obligation stems from the broader duty to financially support their child post-divorce or separation.

If a formal parenting agreement exists, it will outline each parent’s financial responsibilities, including educational expenses such as school fees and extracurricular activities. In the absence of such an agreement, or if an agreement cannot be reached, a child support assessment may be necessary to determine each parent’s financial obligations.

Public, Private, and Religious School Fees

The obligation for both parents to pay school fees applies regardless of whether the child attends a public, private, or religious school. Disagreements often arise over school fees, particularly given the cost differences.

A parent’s obligation to pay school fees in the event of a dispute may depend on the parents’ intentions at the time of enrolment. If one parent independently decided on the school, they might be solely responsible for the fees. If the court is involved, it will consider whether both parents agreed on the school, whether fees were discussed, and the intentions at enrolment. The court will not compel a parent to pay private school fees if they did not agree to private schooling initially.

What if Your Ex Refuses to Pay School Fees After Divorce?

Both parents are generally required to pay school fees post-separation, with contributions depending on specific parenting and financial arrangements. If an ex refuses to pay their share, the first step is to discuss the issue with them. If this proves unproductive, legal assistance may be necessary.

Child Support and School Fees: How Does It Work?

In Australia, child support can cover school fees, but these are not automatically included in the child support assessment. To include school fees, an application can be made to Services Australia to adjust the assessment.

Services Australia uses a formula based on public school attendance, considering factors such as the number of children, both parents’ taxable income, the number of nights the child spends with each parent, and the financial situation of both parents. If private schooling is agreed upon, Services Australia may include a proportional amount of the fees in their assessment. A variation can be requested to include school fees if the child is being educated as agreed by both parents.

Every Situation is Unique

Each family’s situation regarding schooling, child support, and school fees is unique. Our family lawyers at Solari and Stock are available to assist you in navigating these issues to ensure the best outcomes for your family and your children’s education during the divorce and separation process.

To speak with one of our experienced Family Law Solicitors today on 8525 2700, or click here to request an appointment.

At Solari and Stock our team of Sutherland Shire Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard.

Article by Nikita Ward
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