VIC School and Shared Custody of Child

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3 February 2015
Good Morning,

My son has started school and is enroled near my house. My ex-wife and I have 50 / 50 custody of children, however I live in [Suburb Redacted by Moderator] and she in [Suburb Redacted by Moderator] .. She wants my son to go to school near her, and I would like him to go to school near me...we are at an bit of an impasse and I believe she will be taking him for his first day of school tomorrow ( near her house ).

I would like to know where the law stands in regards to this situation...there are no court orders or parental plans in place...


Well-Known Member
23 July 2014
The law doesn't stand anywhere on this issue - the law expects parents to make an effort to resolve their own parenting disputes before seeking legal intervention, and really, both of you have grounds for wanting the child to go to school near where you live since you share in a 50/50 arrangement. If he goes to school near you, it's longer travel time for her, and if he goes to school near her, it's more travel time for you.

At the end of the day, if the child is likely to thrive in either school, you're better off avoiding the emotional and fiscal cost of court to get your way. Perhaps you could look at schools in the halfway zone, and if that's not an option, suggest that she pay for all school fees since you have to pay for additional travel.


I agree with Allforher,

Part of your parental responsibility includes making major long-term decisions for your child which include decisions regarding their eduction. If left to a court, it will make a decision based on what is in the best interests of the child. It is expected that parents should also base their decisions on what is in the best interests of the child and not what is in their own best interests.