Hello, can i get comment from anyone in the legal fraternity regarding the following...
Parent 1 wishes the children to go a particular secondary school. That school is a church/religion based school, the terms and conditions of enrolment in that school include the following;
"Enrolment in the School implies agreement to participate in all School activities which the School deems to be compulsory, including Excursions, Liturgies, Religious Education classes and Masses, Retreats, Reflection Days and Year Level Camps."
Parent 2 does not wish the children to go to that school.
Given the history of the matter, the question of which school the children attend, will likely be bought before the FCCA for determination.
Could any order made by the court regarding the schooling, that resulted in the children being sent to the school referenced above, be considered unconstitutional in the context of Section 116 of the Constitution of Australia on the basis that such an order is "imposing a religious observance".
Thanks (in advance) for your thoughts.
Parent 1 wishes the children to go a particular secondary school. That school is a church/religion based school, the terms and conditions of enrolment in that school include the following;
"Enrolment in the School implies agreement to participate in all School activities which the School deems to be compulsory, including Excursions, Liturgies, Religious Education classes and Masses, Retreats, Reflection Days and Year Level Camps."
Parent 2 does not wish the children to go to that school.
Given the history of the matter, the question of which school the children attend, will likely be bought before the FCCA for determination.
Could any order made by the court regarding the schooling, that resulted in the children being sent to the school referenced above, be considered unconstitutional in the context of Section 116 of the Constitution of Australia on the basis that such an order is "imposing a religious observance".
Thanks (in advance) for your thoughts.
