Written by Samantha Bolton, Director at Pippa Colman Family Law | Updated 28 Oct. 2026
Is your child starting school next year? Are you thinking about changing schools, or moving house and needing to consider a new school? If you are separated, have you discussed this with the other parent, and do you agree on where your child should go?
For parents who agree, choosing a school can be relatively straightforward. When parents cannot agree on a school, the issue can quickly become contentious, particularly where one parent wants the child to stay at their current school and the other wants to enroll them somewhere new.
Why you should act now, not in January
If schooling needs to be resolved, don't leave it until January. Take steps now to get legal advice. Without agreement, the issue may need to be addressed through negotiation, mediation or, ultimately, an application to the Federal Circuit and Family Court of Australia. Starting that process late in the year creates unnecessary pressure and, in some cases, leaves limited options for your child.
Do both parents have to agree on which school a child attends?
Schooling is generally considered a major long-term decision about a child. Where parents are required to make major long-term decisions jointly (for example, under parenting orders for joint decision-making), they must consult each other and make a genuine effort to reach a joint decision about matters such as the child's education.
This means one parent should not simply enroll the child at their preferred school and assume the other parent must accept it. Equally, a parent who disagrees with a proposed school should not simply refuse to engage in discussions.
What does the Court consider when choosing a school?
The focus should always be on what is in the child's best interests. Relevant considerations include:
whether the child is settled and happy at their current school;
the child's academic, social and emotional needs;
whether enrolment is available at the proposed schools;
the distance and travel time between the school and each parent's home;
travel and transport arrangements;
the child's friendships and existing community connections;
extracurricular activities;
the school's ability to meet any particular educational needs;
the child's views, depending on their age and maturity;
the practical impact of the school on the child's time with each parent; and
the financial implications of the proposed schooling.
School choice is not simply about which school has the better reputation. The practical arrangements need to work for the child and for both households. A school that is much further from one parent's home may affect morning routines, after-school care, extracurricular activities and the child's time with that parent. A school may be academically attractive but unsuitable because of transport, cost, availability or the child's particular needs. It is important to consider the whole picture.
Steps to take if you cannot agree on a school
Step 1: Raise the issue early and in writing
Identify the schools you are considering, find out about enrolment requirements and available places, and give the other parent a reasonable opportunity to consider the options. The more information you provide, the more productive the discussion is likely to be, for example, how the child will get to school, costs, the benefits of the school for your child, and brochures or other material from the school.
It often helps to approach the issue practically rather than emotionally. Consider attending school tours together, getting information directly from the schools, and discussing the advantages and disadvantages of each option.
Step 2: Try family dispute resolution or mediation
If you can't reach agreement, family dispute resolution (mediation) may help. This can be through a community-based service such as UnitingCare, Relationships Australia or a Family Relationship Centre, or through a private mediator, with or without lawyers attending.
Keep in mind that mediation services usually see a surge in demand in the lead-up to Christmas, so wait times can be long. In most cases, parents must also attempt family dispute resolution and obtain a section 60I certificate before they can file a parenting application in Court (there are exceptions, including urgency and family violence).
If you reach agreement at mediation, a parenting plan or consent orders can record the agreed arrangements, including which school the child will attend.
Step 3: Get legal advice promptly about a Court application
If agreement can't be reached, get legal advice promptly about whether an application to the Court is required.
A common mistake is leaving the issue until after Christmas and assuming the Court will deal with it before school starts. Often, that is not the case. Schools also have enrolment deadlines that you may miss if you haven't taken the right steps in time.
If the Court ultimately needs to decide, it can take significant time to prepare the application, comply with procedural requirements, take part in any required dispute resolution, gather evidence and secure a hearing. An urgent application should not be treated as the default solution to a problem that could have been addressed months earlier.
Leaving it too late can also affect the outcome. If you want your child to change schools but wait until they have already been enrolled at, or started at, a different school, you may face the argument that the arrangement has effectively become established.
Can one parent enroll a child in school without the other parent's consent?
A common problem is one parent enrolling a child at a school without the other parent's agreement.
If parents are required to make major long-term decisions jointly, one parent should not try to get around that by enrolling the child at their preferred school. If there are parenting orders requiring joint decision-making, doing so may breach those orders, and you could face a Contravention Application.
If there are no orders in place, the other parent should get legal advice quickly rather than letting the situation continue, as the longer the child attends the new school, the harder it may be to change.
The right response depends on the circumstances, including any existing parenting orders, how decision-making responsibility is allocated, current arrangements, and how close the child is to starting school. The Court will focus on the child's best interests, not which parent acted first or what each parent prefers.
Check your parenting orders before you act
Review any existing parenting orders carefully before taking action about schooling. Orders may deal with decision-making responsibility, consultation about major long-term issues, communication between parents, or specific arrangements for the child's education. Breaching a parenting order can have serious consequences, for example, you may be ordered to pay some or all of the other parent's legal costs.
Plan early: the best time to resolve next year's schooling is now
The best time to address next year's schooling is well before the end of the current school year. If you can agree, the arrangements can be documented and put in place without the uncertainty and expense of litigation. If you can't, identifying the disagreement early gives you time to get advice, negotiate, attend mediation and, if necessary, start Court proceedings while there is still time for the issue to be properly decided.
Get advice early, start the conversation early, and take steps to resolve the issue while there is still time to do it properly.
Frequently Asked Questions
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Parents should first try to resolve it by discussing the options in writing and then through family dispute resolution (mediation). If they still can't agree, either parent can apply to the Federal Circuit and Family Court of Australia, which will decide based on the child's best interests.
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Where parents must make major long-term decisions jointly, one parent should not enroll the child without genuinely consulting the other and reaching a joint decision. If parenting orders require joint decision-making, enrolling without agreement may breach the orders and lead to a Contravention Application.
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It varies, but preparing an application, completing any required dispute resolution, gathering evidence and getting a hearing can take considerable time. You should not assume the Court can decide before the school year starts if you wait until January to act.
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In most cases, yes. Parents generally need to attempt family dispute resolution and obtain a section 60I certificate before filing a parenting application, unless an exception applies, such as urgency or family violence.
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Get legal advice quickly and check any existing parenting orders. Delay can make it harder to change the arrangement, because the other parent may argue the new school has become the established routine.
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Get legal advice quickly and check any existing parenting orders. Delay can make it harder to change the arrangement, because the other parent may argue the new school has become the established routine.
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If you and the other parent can't agree on a school for next year, speak with an experienced family lawyer now, while there is still time to resolve it before Term 1. Pippa Colman Family Law helps parents across Queensland from our Sunshine Coast and Townsville offices. Contact us to book a consultation.
Contact Pippa Colman Family Law today to discuss how we can help you.
Important Disclaimer
The above information is general in nature and provided for educational and informational purposes only. It is not legal advice and should not be relied on as such. Every situation is different, and you should seek independent legal advice before making decisions about your own circumstances.