August 3, 2022

Schooling disagreements – more than NAPLAN/ATAR results

Schooling disagreements, parenting arrangements, rise family lawyers ringwood, family lawyers doncaster

Where separated parents disagree on the school that their child/children should attend, the solution is more complicated than simply comparing the academics, or NAPLAN / ATAR results of each school. Also, a private school doesn’t automatically “win out” over a public school.

The overarching consideration a court must consider is what’s in the best interests of the child. In reaching its decision about schooling, the court often considers various factors including:

  • What are the custody arrangements and where are the proposed schools relative to each parent’s residences?
  • What intentions were expressed prior to and after separation? What agreement was there, if any, prior to or even after separation?
  • Which school offers a curriculum that’s better suited to the child?
  • Where is the child’s current network of friends and extra-curricular activities based?
  • How old is the child and what wishes have they expressed?

One such case which considers the issue of schooling is the case of Re G: Children’s Schooling [2000] FamCA 462 

This being said, prior to the dispute being brought before the courts, parents should first try and resolve their dispute through mediation, or even obtaining a private family report from a family consultant in relation to schooling. As a last resort, proceedings can be issued in the Family Court.

Whether it’s a schooling or any other parenting dispute, our experienced family lawyers are equipped to provide sound and realistic advice and guidance. Contact one of our expert family lawyers in Doncaster and the Eastern suburbs on jlok@oikosfamilylaw.com.au or on 0421 397 316 today.

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