The decision of which school to send a child to can have a very significant affect on the life of that child. Even amongst unseparated parents the debate about which school is in the best interests of the child/ren can be hotly contested. In Family Law, deciding which school to send a child to is called exercising “parental responsibility”. If separated parents are unable to negotiate and agree upon which school to send their child/ren to, it becomes necessary to commence Family Law proceedings ideally many months in advance of the proposed change of school.
In late 2018 I successfully represented a parent in a Final Hearing where then Federal Circuit Court Judge Williams decided which High School a Grade 6 boy would attend for Year 7 the following year. As is often the case, which school this boy would attend for Year 7 would simultaneously decide which school his younger sibling would also attend when she commenced High School two years later. The citation of the case is Peak & Castles [2018] FCCA 3705 and it is one of only a few Family Law authorities regarding choice of school.
Issues that arose in Peak & Castles included:
Whether the competing proposed High Schools put forward by each of the parents would have an affect on either parents opportunity to spend time and communicate with the child;
The impact of the intensive religious education of the school proposed by the father compared with the non-religious State school proposed by the mother in light of the family’s lifestyle, culture and traditions;
The contrast of the benefits of the single sex private school proposed by the father compared with the co-educational State school proposed by the mother;
The “cultural fit” of the proposed schools in light of the child’s anxieties;
The duration and difficulty of travel for the child to each of the proposed schools;
Prior agreements between the parents regarding intended High Schools; and
The financial cost of each school and the ability of the parents to meet that expense;
Attached below is a link to the Austlii website where Judge Williams’ decision can be read in full:
If you have a current or looming dispute regarding where and how a child or children are to be educated, or any other matter pertaining to their living arrangements, you are welcome to contact Marcus to discuss. Marcus will work with you to resolve your dispute in the most practical and child-focused way.
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