QLD School Enrolment Against Parental Consent?

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Cairns123

Well-Known Member
16 January 2018
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Hi,

Equal shared parental responsibility:

Interim Order states that parents are to do things necessary to enrol the child into x school or another school as the parent who had care during school term wishes.

The child enrolled not in x school but a completely different one without notice to me, in a state system. The custodial parent now wishes to shift the child to another school against my consent.

Both schools enrolled the child without my consent and the 2nd school is enrolling him against my explicit written consent.

The child doesn’t want to move and the child is 13.

What do I do?
 

Cairns123

Well-Known Member
16 January 2018
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3
289
Catholic Education Commission has been contacted, can't help. As the 2nd school is cath ed, the ombudsman cannot help.

There is now an ICL involved for the children, am I allowed to contact them?

I am guessing I cannot file to stop the process with the courts as there is an ICL involved?
 

Jake Matherson

Well-Known Member
15 June 2018
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659
I can't comment on the school stuff as I don't know.

If you're self-represented, you are able to contact the ICL otherwise your lawyer would do it.

Remember, for transparency all communication you send to the ICL needs to include the other party if they are self-represented or their lawyer.

That is to say if you email the ICL you need to CC the other party. The ICL will do the same when communicating with you and so should the other party.

The ICL will do what's in the best interests of the child. So once they're up to speed with the case if they think it's a good idea to step in and get the court to do something they should do it.

Be professional with the ICL, don't bombard them with angry emails and if it's in the interests of the child it should work in your favour.

An ICL has been a very important part of my own family court case. You want them to be on your side.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I don't do family law, but on a reading of the part of the orders you've included I see:
1. The parent who has care during the school term gets to pick the school; and
2. Unless there's something else which gives an indication, I don't see anything in that part of the orders which requires the consent of the other parent - or gives an ability to object.
 

Tim W

Lawyer
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28 April 2014
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1. You appear to be using the term "consent" to mean
"veto over the other parent's choice".
I suggest to you that you don't have that.
If you did, not only it would be express in the order,
but it would contradict the bit about (to paraphrase)
"custodial parent gets to decide what school".

2. I would suggest to you that taking any child
out of the reach of the Catholic Church
is a prudent parenting choice.
Even if it does involve moving to Bongwater High instead.
 

sammy01

Well-Known Member
27 September 2015
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That is just silly. Bongwater High doesn't really exist. Woodenbong school does.

But the suggestion about avoiding Catholic schools is just as silly.
 

Atticus

Well-Known Member
6 February 2019
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Hi,

Equal shared parental responsibility:
Interim Order states parents to do things necessary to enrol child into x school or another school as the parent who had care during school term wishes.

Child enrolled not in x school but a completely different one without notice to me, in state system.

Custodial parent now wishes to shift child to another school against my consent.

Both schools enrolled child without my consent and 2nd school enrolling him against my explicit written consent.

Child doesn’t want to move, child is 13

What do I do.
Did the other parent consult you at all about the change? Did they make a genuine effort to come to an agreement? . If so then they have satisfied the requirement of the act pertaining to joint parental responsibility. If they did not then there is little you can do in the short term apart from seeking an urgent injunction... May carry some weight given the child's age if they don't wish to change schools

Being an interim order, you can raise the issue of the other parent being negligent and dismissive of their joint duty of parental responsibility at the next court date.

The school itself has no obligation to accept your directions BTW. It can act on the direction of just one parent despite the application of JPR in your orders.
 

Cairns123

Well-Known Member
16 January 2018
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3
289
Thanks, It has change things so much with an ICL now being appointed. The other party doesn't consult, just issues ultimatums or after the fact.. which is the case here.

I don't understand, isn't it Ed QLD and Cath Ed policies that both parents have to be signatories to applications and enrolments. I have been shut out of two enrolments in two weeks.
 

Tremaine

Well-Known Member
5 February 2019
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514
Housekeeping: I'm not a lawyer and this isn't legal advice.

There's no legislation which requires any school to have the consent of both parents before they can accept a child's enrollment in their facility. There would be a lot of children from separated parents who would end up never being enrolled at all if their parents had to agree on the choice of education provider!

As to the policies of the individual schools, though, that's a matter to be taken up with the school, rather than the court.
 

Cairns123

Well-Known Member
16 January 2018
89
3
289
Thanks guys, less concerned about the Cath Ed or State part, more the fact its against a teens wishes (twice), who has self harmed, has diagnosed high anxiety and the ex is not providing emotional support at all to the point of refusal to listen to the teen who is angry, ready to hurt people and self, frustrated and begging for a psychologist or to speak with court report writer or icl about their wises. I am several hours from the teen and they are buckling under the pressure. I wrote to ICL and CC'd other lawyers. no response. I am very concerned about the teens emotional state of mind and from an academically superior student in the previous years to shutting down completely at both schools. the other party doesn't acknowledge the issues at all.