QLD Separation from De Facto - How to Decide Schooling for Children?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


1 December 2014
Hi. I have been separated for 3 years from my de facto (separation). Our kids are 8 and nearly 5. Our 8 year old has been going to school in the same place for 2.5 years. Both kids know the teachers, school rules, etc but my ex has now bought a house (but he's not paying child support) and wants to enrol both kids in the school he lives near (300m away). This makes it 12km away from me. He will not budge on wanting to move them and I would prefer the stability of having them in the same school they have known for so long. At this stage, it's the only thing that's stable in their lives :-(

As school has only one week to go, what are my legal rights? He took me to mediation, but he said he will not change he his mind.

Thank you.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
What does the children want?

Ask the father why he believes moving the children one week from school ending would be in the best interests of the children.

If you and the father cannot agree, you can always go to Family Court and for them to decide. In that case, the court will consider what is in the best interests of the children, taking into consideration the children's views, stability and familiarity matters and reasons why the father wants them to move.

This is not exactly relocation to another country, but the same considerations apply, so take a look at this LawAnswers Family Law Forum thread: "separation and relocation with children" for a breakdown of what factors the court will take into consideration.