Schooling After Separation in NSW

From Shared Decision to Legal Disputes: What Every Parent Needs to Know

Separation is tough enough without school decisions adding stress. A common question we hear at Lamrocks Solicitors Penrith is: Does my ex have to agree on where our kids go to school? This guide outlines your legal options and what to do if you can’t agree.

Why School Decisions Matter

In NSW, even in circumstances where there are no court orders for joint decision making, section 61CA of the Family Law Act 1975 encourages parents to consult each other about major long-term issues - such as education — where it is safe to do so, with the child’s best interests remaining the paramount consideration.

Separated parents with an order for joint decision making on  long-term issues - such as education - are legally required to consult one another and make a genuine effort to reach a joint decision about their child’s schooling.

School choice isn’t just about academics; it helps provide stability and routine during a period of change. Where there’s an order for equal shared parental responsibility, both parents must agree on major schooling decisions, including enrolment, attendance, extracurricular activities, and involvement in parent–teacher meetings - unless a court orders otherwise.

Common School Scenarios After Separation

Every family and school situation is unique. However, here are some common scenarios separated parents face:

• Enrolling Without the Other’s Knowledge

Either parent can enrol a child unless a court order says otherwise, and, only  if it is safe to do so, both parents should consult one another about issues concerning school enrolments. 

• Disputes Over School Choice or Transfers

If you can’t agree on where your child should be enrolled or if they should change schools, this is considered a major long-term decision. You'll need to reach an agreement, or to seek legal advice or court intervention if you have an order for joint decision-making.

• School Pick Ups or Visits

Schools typically won’t release children during school hours without consent from both parents or a court order. The school’s priority is always the child’s safety and welfare.

• Wanting More Involvement in School Activities

Both parents can usually attend events and access school information, including school photos, unless court orders, privacy laws or school policies limit this. Schools typically send information to the "live with" parent, but parents who children spend time with can also request copies. 

• Child’s Wishes Differ from a Parents’

Courts and schools prioritise what’s in the child’s best interests - not just a parent’s view.

• Court Orders & AVOs

It’s up to parents to provide schools with copies of court orders or Apprehended Violence Orders (AVOs). If an AVO is in place, the school will take appropriate precautions around pickups and on-site interactions.

• Involvement of Grandparents or Other Relatives

Extended family participation  must comply with any court orders in place.

The bottom line: Schools are there to educate and support your child - they are not mediators in parental disputes. Legal advice can clarify your rights if conflicts arise.

When Schooling Becomes a Source of Conflict

Unfortunately, disputes over schooling are common post-separation. Research by the Australian Institute of Family Studies shows that ongoing parental conflict following separation affects up to 25-30% of families and is strongly linked to increased stress and emotional difficulties for children. 

When schooling becomes a battleground, it can undermine the very stability you’re trying to provide. 

Not Seeing Eye to Eye? Start Here

1. Try having a respectful, child-focused conversation with your ex.
2. If talking fails, try Family Dispute Resolution, commonly referred to as Mediation.
3. Get early legal advice - Lamrocks can guide you through parenting plans, revising arrangements, or managing disputes with practical, child-focused solutions.

​Still Can’t Agree?

Court is a last resort - but sometimes it’s the only path left.

If mediation breaks down, the Federal Circuit and Family Court can step in to decide on schooling and parenting arrangements, always with your child’s best interests in mind.

At Lamrocks, our experienced family lawyers are here to advocate for you and protect your child’s future with skilled guidance through every stage of the process.

Need Support With a Schooling Dispute?

Contact the Family Law team at Lamrocks Solicitors Penrith on (02) 4731 5688 or get in touch to book a confidential consultation.

Meet Our Family Law Team

	Simone Thomas, Principal Solicitor + Family Dispute Resolution Practitioner + Mediator / Collaborative Law
	Nicole Smith, Solicitor + Accredited Specialist - Family Law + Arbitrator + Accredited mediator under the LMA Scheme + Independent Children's Lawyer + Collaborative Family Lawyer + Accredited Mental Health First Aider + Family Dispute Resolution Practitione
	Natalie Wells, Solicitor

At Lamrocks, we know that school decisions after separation aren’t just legal matters - they’re deeply personal ones. 

Whether you’re seeking clarity, support, or a strong legal advocate, our Family Law team is here to help you move forward with confidence. Let’s work together to protect what matters most: your child’s wellbeing and future.