QLD Homeschooling Issue - Should Father Fight for Custody of Children?

Discussion in 'Family Law Forum' started by nibler1300, 27 February 2018.

  1. nibler1300

    nibler1300 Well-Known Member

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    Hi.

    Background:

    The mother with majority custody expresses her interest in removing child from public school system.

    The father does not agree to this and says it's really not a good idea. However, the father asks why. The mother proceeds to tell the father that school is deteriorating and that the child's behaviour in that school and at home is horrendous.

    The child (6) takes off on her bike and rides down the street to get to school. The mother films the child riding the bike (while swearing and laughing from inside the vehicle - other 1 year old child in the car, not the father's biological kid). The mother sends this clip as well as the child giving attitude, the child getting locked in her room and banging and screaming in the door and the child begging to sleep with her mum to the father.

    The mother begs the father to "let her do it for just one year". The father still does not agree.

    The mother proceeds with the home schooling application and effectively removes the child from public school immediately.

    The father tells the mother that he needs to agree as they have equal parenting rights. The mother says she will not be bringing the child back to school and that she will contact the mediation office.

    The father agrees to her contacting mediation but says that the child should still go to the school in the meantime as he would need to agree to homeschooling. He tells the mother that she is in breach of family court orders section 1 (1.1) signed in Dec 2017 saying that both parents share equal parenting responsibility and shall make genuine effort to reach an agreement in all long term matters affecting the child. Including but not limited to:

    1.1 the child's education.

    The mother acknowledges that she is contravening and says that that is the reason she is taking the father to court.

    What is likely to happen?

    This is not the first pointless court date due to the mother's blatant disregard for court orders. No circumstantial change has occurred in the child's life in the last 2 months.

    The mother is likely to proceed with home schooling regardless of family court decision.

    Should the father go for custody based on the mother's disregard for any court orders?
     
  2. Cairns123

    Cairns123 Well-Known Member

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    Not a lawyer but as a homeschooling mum I must say I’m stunned the homeschool she has registered with allowed it. Usually they are very tight with separated parents and needing either court orders showing some parental or joint consent.
     
  3. nibler1300

    nibler1300 Well-Known Member

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    Update:

    The father has spoken to the principal of the school who has stated that the child's behaviour is so bad that all the teachers, etc., are concerned. He stated that the mother has had a run in with some other mother's at the school and that the children of these mothers are picking on the child.

    He suggested that the mother give a formal complaint about the other mothers in question and she refused.

    He said that there are clearly some underlying issues involved however he does recommend that the child try another school or just stay at home.

    I am really lost about what to do!
     
  4. AllForHer

    AllForHer Well-Known Member

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    Sounds like kiddo maybe needs some counselling, rather than home-schooling, and I think this really needs to be discussed between the parents at mediation.

    I'm confused, though, why is mum taking dad to Court when it's mum who is contravening? That doesn't make any sense.
     
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  5. nibler1300

    nibler1300 Well-Known Member

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    Mother is taking him to court because she wants to change the court orders to remove the father's responsibility regarding the child's education.

    Mother and Father have both agreed that the child needs counselling however, the mother has refused to take her.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Yeah, she won't succeed with that, particularly given orders are only three months old.

    If mum has agreed to counselling, why can't dad just take her if mum won't?
     
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  7. nibler1300

    nibler1300 Well-Known Member

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    Father lives in NSW, sees child in School Holidays and 1 weekend per term.
     
  8. AllForHer

    AllForHer Well-Known Member

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    Okay, so you probably won't get residency just based on mum's flouting on the schooling matter.

    But you should probably consider applying for orders about schooling for the child, as in, which school the child attends, rather than just mum's failure to consult about schooling. You can probably file this as a contravention order about the failure to consult, but seek an order as part of the contravention that the child attend school XYZ unless otherwise agreed in writing between the parents.
     
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  9. nibler1300

    nibler1300 Well-Known Member

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    The only issue with selecting a school is they live in Rural Queensland 50kms from Toowoomba. The school she is having troubles is 5kms away. The next school is over half an hour away.

    Principal said "oh but you can't really expect her to drive all that way for school."

    I assume mother would have a letter from Principal saying that child is better off. However, father still does not agree and strongly advocates that the child should be at school.

    Mother also believes that because homeschooling is 'flexible' that it is ideal.
     
  10. AllForHer

    AllForHer Well-Known Member

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    Why does the child need to change schools? Doesn't it make more sense to try and change the child's behaviour first?
     
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