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23 October 2015

Orders for school

Family Law
Federal

Asked

 A client has orders from the Family Court from when the children were quite young which set out the primary school the children are to attend, however, the orders is silent on the high school the children are to attend or private school fees.

One child has entered high school this year. The other parent states they are unable to afford the private school and has now enrolled the child into a state school for next year.

Our client wishes to vary the order to include naming the high school the children should attend and requiring an equal contribution of the school fees from each parent, including uniforms and all the other school activities.

Answered

An initiating application is needed for orders that the children attend the chosen school for their secondary education or such other school as agreed in writing between the parents and that each parent be invoiced for half the school fees and school expenses – uniforms, excursions etc.

Both parties will need to provide a financial statement and affidavit with the application.

The mother may say in court that she can’t afford to pay half. If the father can, the court may order that he pays them in full if he wants them to attend private school. It may be a matter for a child support departure order that he pays all the school fees instead of him paying child support. Or it may be depending on what he is able to afford that he pays both, either by consent or by an application made by the mother.

There needs to be certainty that the children want to attend the private school. A family report may be ordered to address the issue if there is uncertainty.

Most importantly the father needs to be sure the mother can actually afford to pay half the school fees. If she can’t, she isn’t going to be made to pay them.

Making such an application could result in all the parenting matters being re-litigated. For example, the mother may say the parenting arrangement of equal time isn’t working, the children aren’t happy, it is too disruptive, and seek that the children live with her and spend time with him to a lesser degree.

This type of application can result in unwelcome consequences.

Regards

Mentor