QLD Changing Son's School Without Consent - Filing for Contravention?

[Taylor Pez]

We are in a complicated messy custody battle where my husband's ex is psychologically damaging and manipulating his 5-year-old son. We are meant to go to mediation in a few weeks, however, she has informed us tonight via email that she has changed his son's schools and he started at the new school today, after he told her he wouldn’t be agreeing to anything until they sat down and discussed it.

It states in the orders that neither parent can change him schools without the other's written consent and she has gone and done this anyway behind our backs and told us after doing it. We will be contacting both the new school and previous school immediately to question this as the previous school had been advised by my husband that he was not giving permission for this to happen. And assured him that they wouldn’t be signing him out.

We want to file an immediate contravention but are unsure what the consequence would be? How can she just change his school without permission when the orders state she can’t and they are 50/50 parental responsibility.

We are also applying for full custody of children as he has had 35 unexplained absences this year from school all in her care, none informed to us we found out from the school after the fact. And she is doing severe psychological damage to him.

Help!!

 

[AllForHer]

If you have an order that explicitly states neither parent can change the child's school enrolment without the other parent's consent (ie not just an order for shared parental responsibility), then the result of a contravention order might be that the child is re-enrolled at the previous school and the parents would be sent to mediation to discuss it.

More importantly, though, why did the other parent change the child's enrolment? Have you asked?

The reason I ask is because a lot of parents get stuck on the dispute about which parent is wrong and which parent is right, rather than asking what's best for the kid.

If, for example, the child was being bullied at school, that would explain the absences and it might be a valid reason for changing schools, no?

Just another observation as well, I assume the unexplained absences are not the only reason you're seeking primary care? That, on its own, won't be persuasive evidence that a reversal of residency is in the best interests of the child.

 

[sammy01]

Has mum moved house?

What sort of access to you have with the child atm?

So if mum has moved house and the kid is now going to a school 5 min from mum's new residence, do you really want to enforce the orders causing the kid to have to travel for an extended period in order to attend the school he previously attended?

Pick your battles... This might not be one worth having...