Schooling Issues

by | Aug 13, 2021 | Children’s Issues, News

Unfortunately in situations involving parental conflict after separation, schools often find themselves caught in the cross fire of conflict between parents relating to their school age children.
Here are some of the typical scenarios that we often are able to assist with:

  • Conflict regarding the pick up and drop off of children. Generally speaking, if there is no well settled arrangement the parties are encouraged to attempt and try and resolve the matter through dispute resolution or mediation (they are in fact encouraged and required to do this under the Family Law Rules) in appropriate circumstances. This hopefully can resolve any issue about pick up or drop off from school and arrangements on a week to week basis without the intervention of a court.
  • If there is no resolution or the matter is not suitable for dispute resolution, there is often a requirement to initiate court proceedings so that these matters are able to be adjudicated and then there is a well settled regime and routine so that the parents each know the dates and times the children are to be collected and the school can also obtain a copy of any orders made.
  • The choice of school is often an issue for parties. In some circumstances after separation, one or both parents may relocate out of the previous area or often parents cannot agree when a child is due to commence kindergarten as to which school the child is to attend. Naturally, both parents would often seek that the child attend the school closest to their current residence. Generally when these matters are in dispute, again dispute resolution is encouraged and in fact required under the rules however, in some circumstances, the court also has to adjudicate this matter and again the school can then receive a copy of any court order requiring the enrolment of the child so that there is no ongoing conflict and the child can transition smoothly to their new school.
  • Other ancillary matters that often involve the school could be in relation to health or medical needs for the child and attendance at any counselling or other services offered by schools. Again, there is an encouragement that the parties try to work co operatively and where this cannot occur and they cannot provide a joint instruction to the relevant school or educational institute the parties should, in the first instance, consider mediation where appropriate and then only use court as the last resort.