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Which parent decides where a child goes to school: A legal guide
Deciding where your child will go to school can be a big decision. And one that, as a parent, is very important to get right.
When you’re separating or divorcing, making this decision can become a bit more difficult, particularly if communication has broken down or if one school is easier logistically for one parent than the other.
Our guide should help you understand your rights and responsibilities and make navigating your child’s schooling, child support, and school fees post-separation a little bit easier.
Which parent decides where a child goes to school?
The Family Law Act 1975 (Cth) has a presumption that both parents will make joint decisions about major long-term issues in the best interests of their child. This typically includes schooling decisions.
Decisions about what school a child should attend, academic achievements, behavioural problems, or whether to change a child’s school are all examples of major long-term issues that should be decided by both parents.
So, in the absence of a court order giving one parent sole parental responsibility, both parents should decide where a child goes to school. And both parents should sign any school enrolment forms.
What if your ex enrols your child in school without your consent (or removes them without your consent)?
There’s no requirement for a school to independently determine that both parents have agreed to the child’s enrolment before accepting the child into the school. So if you become aware that your ex has enrolled your child in school without your consent, it’s best to let the school know as soon as possible that you do not consent.
Once the principal is made aware of the dispute, they’re only allowed to enrol the child for one school term to allow time for a schooling decision to be jointly taken. At this stage, you should attempt to work out the best choice for school with your ex. If you aren’t able to do this, you may have to seek out a Court order.
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Which parent pays school fees after a divorce?
In general, and absent any agreements or Court orders to the contrary, both parents are legally obligated to pay for school fees. That’s because they’re generally legally obligated to provide financial support for their child after divorce or separation.
If you have a formal parenting agreement in place, this will set out each parent’s financial responsibility, including educational expenses like school fees and extra-curricular activities.
If you don’t have an agreement in place, or you can’t reach one, then you might need to seek a child support assessment, which will set out you and your ex’s financial obligations in relation to your children.
Public, private and religious school fees
The general rule that both parents should pay school fees applies whether your child attends public school or private school (including a religious school). However, separated parents often disagree about school fees. And since a public education will only cost from about $81,000 and a private education could cost up to $378,000, there’s a good reason for this.
A parent’s obligation to pay school fees when there is a dispute can come down to the intention of the parents at the time the child was enrolled. However, if one parent made the schooling decision independently, they may be the only parent required to pay for those school fees.
If the Court is approached to make a decision about contributions to private school fees, they’ll look at whether both parents agreed on the school, evidence that fees were discussed, and what was intended at the time of enrolment. They’ll also consider why you or your ex changed your mind about the schooling after separation.
They’ll look at all these factors to determine who pays what fees. They will not force a parent to pay private school fees if they have not previously agreed to send their child to a private school.
What if your ex refuses to pay school fees after divorce?
Both parents are generally legally obligated to pay school fees after a separation. But how this is split and each parent’s contributions will depend on your specific parenting and financial (including child support) arrangements.
However, once those responsibilities are set, your ex is required to pay their set portion of school fees. If they refuse to meet those responsibilities, your first step should be to discuss the situation with your ex. If communication proves difficult or unproductive, it’s a good time to consider getting legal assistance to help with the negotiations.
The next step will be to consider mediation to come to an agreement and then to look to obtain Court orders if mediation doesn’t work. Once you have enforceable Court orders in place, you will be able to take constructive steps to compel your ex-partner to pay their portion of the school fees.
Child support and school fees: How does it work?
Child support in Australia can be applied to cover school fees. But it’s not automatically included in the child support assessment. If you want your child support assessment to include the cost of school fees or other school assessments, you can apply to Services Australia (formerly the Child Support Agency) to include this in their assessment.
Services Australia will then use a formula to calculate how much child support should be paid. This is based on children attending a public school, not a private school. The formula includes:
- The number of children
- The taxable income of both parents
- The number of nights the child spends with each parent
- The financial situation of both parents
If you’ve agreed that your child will go to a private school and asked Services Australia to include this in their calculations, they’ll try to include a proportional amount of the school fees in their assessment. If you’ve already had a child support assessment, you can ask for a variation to include school fees by arguing that the child is being educated as agreed by both parents.
Every situation is unique—our family lawyers are here to help!
When it comes to your child’s schooling, child support, and school fees, every situation is unique. We’re here to help you strive for what’s best for your family—including your children’s education—throughout the divorce and separation process.
