VIC Time to enrol our son for Primary School but cannot agree on a school

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

Ozboy2010

Active Member
2 November 2020
7
0
31
Hi all,

As per the subject - my ex and I cannot agree on which primary school to send our 5yo son to.
She is the primary carer. We both want to send him to a school that's out of her catchment zone.
The school I want to send him to is rated better, closer to our workplaces and would also mean less before/after school care, less travel time etc...
At the moment I care for him or pick him up from childcare, 4 days a week, which I want to keep doing. I would not be able to see him as much, should we send him where she wants him to go.
We visited 4 different schools but she does not want to compromise, she persisted with the school she wanted from the beginning (which is 5 mins from her place too).
Mediation has never worked for us (too much hurt). Is Family Court the only option?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
We visited 4 different schools but she does not want to compromise, she persisted with the school she wanted from the beginning (which is 5 mins from her place too).
Mediation has never worked for us (too much hurt). Is Family Court the only option?
So the family law act pertaining to parental responsibility (long term decisions such as schooling) mentions the need for parents to consult each other.... If that has been done then that requirement has been met.... The next step from there is mediation in an attempt to settle on a school, but you say that has never worked... Unfortunately mediation is also a mandatory requirement before you can file in the family court.

Fact is, even if you did take it to court, the kid is likley to be in grade 3 before a decision is made, & they won't be ordering a change of school then... Unless your time with your child is going to be fairly significantly affected as a direct result of going to the school mum wants, then you are probably better off not fighting this battle IMO.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Yep you're gonna lose this battle. So Be smart. use the strategic lose to your advantage.

Yes dear - I'll agree ('cause your gonna lose anyways) But hey in return, I reckon you ought to agree to XXX
 

Ozboy2010

Active Member
2 November 2020
7
0
31
Hi both,
Thanks for the answers.

Yes I estimate my time with him to be significantly affected, on average 8 hours a week.
Not to mention the 1.5h home to school to work trip she won't mind me doing.
Understand the time the Court takes to make a decision, but is that not when Interim Orders are sought, which I thought was a quicker process?

Do you mind expanding on 'I'm going to lose this battle'? Does the Court not look at what's best for the Child?
Does a better school and more time with his parents not count?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Understand the time the Court takes to make a decision, but is that not when Interim Orders are sought, which I thought was a quicker process?
You would likely be looking at a 6-12 month minimum just to get the S60I certificate from a mediator before you can even file for orders .... In the interim the court is likely to find in favour of the school closer to the primary carer anyway..... I doubt 8 hours a week would be accepted as significant.

If you wanted (needed) to get parenting orders, then it may make sense, but if your living & visiting arrangements are gong relatively okay, then going to court just on this issue does not.... Apart from tens of thousands of dollars in legal fees, your relationships will hit a new low under the stress, your kids will be affected & then 10 mins before the final hearing in 2 years time you will probably agree on consent orders anyway.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
school is 5 min from her place. She is the primary carer. Makes sense kid attends school near his primary residence.
 

gunnerzzzz

Well-Known Member
8 March 2020
54
0
196
I have had similar. Except we are currently in court. The mother went and set it up without even discussing with myself. My daughter told me. Anyway we didn't agree between two schools in a catchment. I filed in court via an application to sort it... The mother just went and enrolled and the school accepted against my consent. By the time it went to court, the judge saw the mother enrolled and did care about hearing the matter. Now that it's after the commencement of school, despite myself going through the process as we both have parental responsibility and have orders that state both parents need to agree and sign paperwork, like I mentioned in a different post I'm looked at as selfish and UN child focused, while the other party who just acted as they wished that suits them self is child focused. Also, the 8 hours that you state will cost you sucks... But won't hold up in court. They will just say what I said above. Unfortunately like Sammy said, you need to drop it otherwise the court won't move a child that's already enrolled without exceptional reasons and may make changes that backfire even further on you. Like the mother may now say she can't facilitate certain pick ups etc and cut into your time more.

Like also in my case, it actually involves a ridiculous 6 hour round trip for myself. I don't have a car and the mother moved after coming to final orders by consent, that she hid. Like your 8 hours, it involves two trips of 6 hours, cutting into my time and to expect a different school that's still easy and in the mothers catchment that saves a connection and about an hour per trip is Un reasonable of myself to expect.
 
Last edited: