Finding out your child has been enrolled in a new school without you even being asked about it is a genuine shock.
It can feel like a decision about your own child was made behind your back, and it often lands right when trust between separated parents is already thin. The instinct to panic, or to retaliate, is understandable, but it rarely helps.
The reality is more nuanced than most people expect. Below, our family lawyers at Collective Family Law Group explain exactly what Australian law says about school enrolment after separation, what changed in 2024, and what to actually do if you’re facing this right now.
What Does the Law Say About School Enrolment After Separation?
Many articles on this topic still describe an “equal shared parental responsibility” that automatically requires joint decisions. That’s now out of date.
Under the Family Law Act 1975, the Family Law Amendment Act 2023 removed the presumption of equal shared parental responsibility from 6 May 2024. There is no longer an automatic starting point that parents must share decisions equally. Instead, the court looks at what’s actually in the best interests of the child in each specific case, and either allocates joint decision-making or sole decision-making over major long-term issues.
Education is explicitly listed as a major long-term issue under the Act, alongside things like a child’s name, religious upbringing, and significant changes to living arrangements. If you’re dealing specifically with a dispute about changing your child’s school without the other parent’s consent, the same major long-term issue rules apply. Where it’s safe to do so, parents are still encouraged to consult each other on these issues, but that encouragement isn’t the same as an enforceable legal requirement unless there’s a court order in place.
Can One Parent Enroll a Child in School Without the Other Parent’s Permission?
This is the part most articles get wrong by oversimplifying it. The honest answer depends on whether a parenting order already exists.
If there’s no parenting order in place, technically, one parent can enrol a child in a school without the other parent’s permission or even their knowledge. There’s no automatic legal barrier stopping them.
If there is a parenting order giving both parents joint decision-making over major long-term issues, enrolling a child unilaterally without genuinely trying to reach agreement first can put that parent in breach of the order.
Even where there’s no order at all, acting unilaterally is rarely a good idea. If the matter later ends up before the court, a judge can view a parent’s decision to enrol a child without any attempt to consult the other parent as evidence they aren’t willing to support the child’s relationship with the other parent, which can influence future parenting arrangements.
What Happens If One Parent Enrols a Child Without the Other’s Consent?
When this happens, it typically creates real conflict. The other parent might contact the school directly to dispute the enrolment, or seek legal advice about their options.
Schools are not obligated to referee family law disputes and generally won’t act as arbiter, but they will pay attention to formal parenting orders if they’re made aware of them. If there’s an order in place and the school is shown a copy, they may pause or reconsider the enrolment while the issue is resolved.
If the disagreement escalates to the Federal Circuit and Family Court, the court can adjust future parenting orders or issue directions about how education decisions should be made going forward, based entirely on what serves the child, not on which parent “won.”
Who Pays the School Fees If Only One Parent Enrolled the Child?
This is a detail most guides skip entirely, and it matters.
Generally, whichever parent signs the enrolment form becomes the contracting party with the school, and that parent is the one liable for the fees, regardless of any informal agreement between the parents about splitting costs. If the school later needs to chase unpaid fees, it will usually look to the parent who actually signed, not the other parent.
If both parents genuinely intended for the child to attend a particular school before separation, and that intention can be evidenced, the court can require both parents to contribute proportionally if a dispute over fees arises later. Setting this out clearly in a co-parenting agreement is another reason documentation and communication matter well before enrolment happens, not after.
Does the Other Parent Still Get Access to School Information?
Often, whichever parent is the primary carer ends up receiving report cards, newsletters and other school communication by default, simply because that’s the parent the school has most contact with.
If communication between separated parents has broken down, it’s reasonable to ask the school directly to provide both parents with copies of reports and key updates, rather than relying on one parent to pass things along. Most schools will do this once asked. The exception is where a court order gives one parent sole decision-making responsibility, in which case the school isn’t obligated to share information with the other parent unless they have written authority to do so.
How Do Courts Decide School Enrolment Disagreements?
When parents genuinely can’t agree, the court isn’t interested in who’s “right.” It focuses entirely on what’s best for the child.
Relevant factors typically include the child’s current schooling situation and the value of continuity, each parent’s level of involvement in the child’s education so far, the distance between each parent’s home and the school, any special needs or extracurricular considerations, and the practicality of the school for both parents’ day to day schedules.
Litigation is treated as a last resort. Parents are expected to attempt family dispute resolution or mediation first, and courts pay attention to whether that genuine effort was made before anyone applied for orders.
What Should You Do If You’re Dealing With This Right Now?
Start by checking any parenting orders or parenting plans you already have. These documents will usually spell out who holds decision-making responsibility and how major decisions like schooling are meant to be handled.
If there’s nothing formal in place, try a direct, calm conversation with the other parent first. Keeping communication focused on the child, rather than on old grievances, goes a long way, and shows good faith if the matter does end up before a court later.
Family Dispute Resolution through a Family Relationship Centre or private mediator is worth trying before court, since it gives both parents a genuine chance to be heard without the cost and stress of litigation. If that doesn’t resolve things, it’s time to speak with an experienced family lawyer about your options.
Protecting Your Child’s Future Together
Disagreements about education are stressful, particularly soon after separation when everything else feels unsettled too.
Understanding that there’s no longer an automatic presumption either way, and that outcomes depend on the specific parenting order and circumstances you have, helps take some of the emotion out of a genuinely difficult situation. The focus, always, comes back to what actually helps the child.
Need Help Reaching an Agreement About Your Child’s Schooling?
Are you struggling to reach an agreement about your child’s schooling or other parenting matters? Our experienced family law team at Collective Family Law Group can help you understand your options and find a clear path forward.
Our child custody lawyers offer practical advice and support to help you make informed decisions that protect your child’s future. Contact us today to arrange a confidential consultation and speak with Caralee Fontenele or another experienced member of our family law team.
This article is general information only and does not constitute legal advice. For guidance specific to your situation, speak with a family lawyer.
Frequently Asked Questions
What makes a mother look bad in court?
Australian courts don’t assess parents based on gender. What tends to weigh against any parent, mother or father, includes unilateral decisions that bypass the other parent, breaching parenting orders, undermining the child’s relationship with the other parent, poor communication, or any history of family violence or neglect. The focus is always on behaviour and the child’s best interests, not on which parent is applying.
What are the rules for substitute parental authority according to the Family Code?
“Substitute parental authority” is a concept from the Philippine Family Code, not Australian law, so it doesn’t apply here. The closest Australian equivalent is a court order for sole decision-making, where one parent (or in some cases another suitable adult) is given authority over major long-term issues, or a state child protection order transferring responsibility to a Chief Executive. If you’re dealing with a Philippine legal matter specifically, you’ll need advice from a lawyer practising there.
What are the 12 children’s rights?
There isn’t a fixed, official list of “12 children’s rights” in Australian law. The UN Convention on the Rights of the Child, which Australia has ratified, sets out a broader set of rights covering areas like safety, education, and the right to be heard, and Australian family law reflects these principles through the “best interests of the child” test rather than a numbered list. If you’re thinking of a specific list from another source, it’s worth checking which framework it comes from.
What is the legal basis of school-based management?
School-based management, where individual schools have decision-making authority over their own operations, is a specific framework under the Philippines’ Republic Act 9155, and it doesn’t apply to Australian schools. In Australia, school governance sits with each state or territory education department, such as Queensland’s Department of Education, while parents’ rights to be consulted on their own child’s schooling are governed separately by the Family Law Act.
