One of the most common questions separated parents ask is; Can I change my child’s school after separation without the other parent’s agreement?
The answer is sometimes—but not usually.
In Australia, decisions about a child’s education are often considered one of the most important decisions parents make. Whether you can change your child’s school depends on several factors, including the parenting arrangements in place, whether Court Orders exist and who has parental responsibility for making major long-term decisions.
Before making any decision to enrol your child in a different school, it is important to understand your legal obligations.
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Is Changing your child’s School a Major Long-Term Decision?
Yes.
A child’s education is a significant issue affecting their long-term welfare and development.
Changing schools may impact:
- your child’s education;
- friendships and support networks;
- extracurricular activities;
- travel arrangements;
- each parent’s ability to participate in school life; and
- the overall parenting arrangements.
For these reasons, parents should approach school changes carefully. You should only change your child’s school following receipt of independent advice about your discrete circumstances.
Do Both Parents Have to Agree to change the child’s school after separation?
Are you wondering – Can I change my child’s school after separation without the other parent’s consent?
You usually do need the other parent’s consent to do so, unless there is a court order that says that one parent has sole parental responsibility for long term decisions affecting the child.
If both parents have parental responsibility for making significant long-term decisions about their child, decisions regarding education will need to be made jointly.
If there is no court order with respect to decision making, you should be very cautious about making any decision to change your child’s school without consent. You should not simply make the decision without first obtaining legal advice.
Usually, where both parents can’t agree, the process will firstly be attending mediation with the other party to discuss the matter, and if mediation does not resolve the issue, a court application will be required.
We appreciate that you may be thinking – what is the point of mediation when I know it will be useless as the other parent will not agree. Unfortunately, you cannot bypass the mediation stage simply because an agreement is not in your view likely, as you are required to attempt mediation first, and obtain a section 60I certificate showing you have attempted to resolve the issue, before applying to the court (unless a specific exemption applies).
What If There Are Parenting Orders?
If Parenting Orders are already in place, those Orders will likely deal with parental responsibility, including education.
If there is an order for the parents to share parental responsibility, the parents should consult and attempt to agree upon the schooling of the child first.
If there is an order for sole parental responsibility to one parent, this may mean that in some circumstances, the parent is entitled to make the decision about the child’s school and simply inform the other parent after the decision is made, or in other circumstances, it may still require the first parent to discuss the decision with the other parent first, before making the decision about the child’s school.
Breaching Parenting Orders can have serious consequences.
If you are unsure what your Orders require, it is important to obtain legal advice before changing your child’s school.
What Happens If Parents Cannot Agree?
Unfortunately, disagreements about schooling are common after separation.
Parents may disagree about:
- public versus private education;
- changing to a school closer to one parent’s home;
- religious education;
- specialist programs;
- sporting opportunities;
- academic performance;
- travel time; or
- the financial cost of schooling.
If agreement cannot be reached, there are often several options available before asking the Court to determine the issue.
These may include:
- direct negotiation;
- lawyer-assisted negotiations;
- mediation or Family Dispute Resolution; or if these are not successful;
- applying to the Court.
What if there has been family violence and I am escaping an abusive relationship?
There are limited exceptions where changing a child’s school without first obtaining the other parent’s agreement may be appropriate.
One example may be where a parent is escaping family violence and it is necessary to relocate to protect their own safety and the safety of their child. In these circumstances, changing a child’s school may form part of an urgent safety plan, particularly where the family is relocating to a different area or where the child’s current school may reveal the family’s location.
Every situation is different, and whether such circumstances justify a unilateral change will depend on the particular facts of the case. Even where there are genuine safety concerns, it is important to obtain legal advice as early as possible, if it is safe and practical to do so. An experienced family lawyer can advise you about your legal obligations, whether any urgent Court application may be required, and the steps you should take to protect both your safety and your legal position.
This is one of those areas where the law recognises that a child’s safety—and the safety of a parent—may require urgent action, but each case must be considered on its own circumstances.
How Does the Court Decide?
If the issue ultimately proceeds to Court, the Judge will not decide which parent has the “better” school.
Instead, the Court’s primary consideration is the best interests of the child.
The Court may consider factors such as:
- the child’s educational needs;
- the child’s emotional wellbeing;
- the practical arrangements for each parent;
- the child’s existing friendships and support network;
- continuity and stability;
- travel requirements;
- each parent’s reasons for proposing the change; and
- any other relevant circumstances.
Every family is different, and each case will depend on its own facts.
Can I Enrol My Child Before the Other Parent Agrees?
This is one of the biggest mistakes separated parents can make.
Enrolling a child in a new school without the necessary agreement may:
- increase conflict;
- create uncertainty for the child;
- lead to Court proceedings;
- affect future parenting negotiations; and
- expose the parent to allegations that they acted unreasonably.
Seeking legal advice from an experienced family lawyer before taking action is the safest course.
What If My Child Wants to Change Schools?
A child’s views may be relevant depending on their age, maturity and circumstances.
However, a child’s wishes are only one factor the Court may consider.
There is no specific age at which a child can independently decide which school they will attend.
It is always a decision for the parents to make, in the exercise of parental responsibility, not a decision for the child, because, any decision with respect to the child’s school is a parenting decision.
Just because the child’s view may be relevant to the parents and to the court, does not mean the child gets to make the decision.
Parents should avoid placing children in the middle of disputes or asking them to choose between parents, as this causes them emotional harm.
Practical Tips Before Changing Schools
Before making any decision, consider:
- discussing the issue calmly with the other parent;
- obtaining information from the proposed school;
- considering how the change will affect your child;
- keeping written records of discussions;
- exploring mediation if agreement cannot be reached; and
- obtaining legal advice before making significant decisions.
Taking a measured approach often avoids unnecessary conflict and legal costs.
Can Barton Family Lawyers Help me change my child’s school after separation?
Disputes about schooling can quickly become stressful, particularly where parents have very different views about what is best for their child.
At Barton Family Lawyers, we regularly assist parents to resolve disputes regarding education, parental responsibility and parenting arrangements through negotiation, mediation and, where necessary, Court proceedings.
If you are considering changing your child’s school after separation, contact us as our experienced family lawyers can provide practical advice tailored to your circumstances.
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Frequently Asked Questions
Can I change my child’s school without the other parent’s permission?
Usually no. Ultimately, it depends on your parenting arrangements, any Parenting Orders in place and who has responsibility for making significant long-term decisions regarding your child. Obtaining legal advice before changing schools is recommended.
Is changing schools considered a major long-term decision?
Yes. A child’s education is considered an important long-term issue that can significantly affect their welfare and development.
What happens if separated parents cannot agree on a school?
Parents may attempt negotiation, mediation or Family Dispute Resolution. If agreement cannot be reached, the Court may ultimately determine the issue based on the child’s best interests.
Does my child get to choose which school they attend?
No. Whilst a child’s views may be considered depending on their age and maturity, they do not have an automatic right to choose their school or their living arrangements. A child’s school and living arrangements is always a decision for the parent’s to ultimately make, and children should not be placed in the middle of such a decision.
Can the Family Court decide which school my child should attend?
Yes. Where parents cannot agree, the Court may determine the issue after considering what arrangement is in the child’s best interests.
