What to Do When Parents Have Disagreements Regarding School?

[Shan_90]

Hi,

I just wanted to ask a question on shared parental responsibilities.

G and I have shared parental responsibility and family court orders state that both parents must ensure that we both enrol our son in a school in [Suburb A - Moderator Redacted per Community Guidelines]. What if we are unagreeable with the school we want to send our son to? How do I enrol my son in a school that his father is not agreeable to?

He wants our son to go to school in [Suburb B] which is about 20 mins from [Suburb A] and my ex is not agreeable to a school in [Suburb A] that I would like our son to go to. My son has autism and he needs to be enroled in a school very soon as he needs to have a lot of assessments done at a school he has chosen to be enroled at. He also has friends from his kinder going to school in [Suburb A].

Should I just enrol him even though my ex-partner does not agree? I feel if I don't enrol him at a school where he wants our son to go to he won't comply to taking him to a school I choose our son to go to in [Suburb A].

Any help would be appreciated. Thank you as I do not have a lawyer

 

[Sophea]

In the absence of Court Orders to the contrary, a decision regarding schooling should be made jointly by both parents, meaning they need to consult with each other and jointly arrive at a decision about which school their child should attend. You might need assistance from a mediator or solicitor to resolve your dispute, and if you still can't agree you might need to apply to the court for orders which will obviously cost money.

If one party enrols a child at a school without the others consent, then the other parent tries to enrol the child at another school, if the principal of one school is placed on notice that the child is already enroled at another school they can only enrol the child as a part-time - temporary enrolee until the dispute is resolved between the parents.

You need to sort it out between you or spend money on legal.

 

[AllForHer]

To be clear, you have orders that state the child needs to be enroled in Suburb A, and your ex wants to enrol the child in Suburb B?

 

[Shan_90]

Yes that's correct

 

[AllForHer]

Do the consent orders explicitly state the child must not be enroled without the written consent of both parents?

Or do they say that both parents are to do everything necessary to enrol the child in a school in Suburb A?

 

[Shan_90]

It is final orders and they say both parents are to do everything necessary to enrol the child in suburb a

 

[AllForHer]

Okay.

At the school level, you don't need both parents to enrol a child in school.

If your ex is refusing to negotiate about schools in Suburb A, he isn't doing all that is necessary to enrol the child in school in accordance with orders.

I would suggest that you could proceed with the enrolment and let the father attempt to bring contravention proceedings if he wishes. If he can make out the contravention (which isn't likely because the orders don't require his consent), it's very likely you'd be able to make out the case for reasonable excuse - you tried to negotiate about schools in Suburb A, he refused to negotiate about schools unless in Suburb B.

Time is running short, so action has to be taken. It's better to enrol the child and ensure they are getting their rightful education than just wait indefinitely for the father to comply with orders.

 

[Shan_90]

Thank you for your reply. So even though we have equal shared parental responsibility both parents don't need to sign the enrolment form for school?

 

[AllForHer]

That's correct, but I would strongly suggest putting the father's details on the enrolment form, regardless of whether he signs or not.

 

[Shan_90]

Ok, great thank you so much for your help. I don't have hia address only his contact number.