If you have equal shared parental responsibility for your child/children, what happens if you want to change your child/children's school?

If a Parenting Plan or Court Order has been made where both parents have equal shared parental responsibility then both parents need to agree with respect to the “big issues” including where the child/children will attend school, what religion (if any) they practice, what sports they play and important medical decisions.

If no agreement can be reached through mediation or negotiation, then one parent will need to file an Application to the Federal Circuit and Family Court of Australia, requesting the Court’s assistance in making the decision. The Court will then make a decision for the parents.

There are a number of factors the Court will take into account including the reasons for the proposed change, the practicalities surrounding the proposed change, the views of the child/children and whether the change may impact the other parent’s ability to spend time with the child/children. Ultimately, the decision will be based on whether the proposed change is the best interests of the child/children. Consideration should also be given to the timing of such a Court Application. It takes time for a Court to be in a position to make its decision. Applications should not be made with only a few months before the proposed change in schools. At least 6 months should be allowed. 

If you are unsure of your rights or need guidance making an application, please click here to contact our Family Law team for more information.