Can my children still go to private school when we separate?

Parents make plans for their children when together.  When the parents separate, these plans sometimes go awry.  Many parents are concerned about what happens to the private school they had planned for their children when they separate.

The best outcome is that the parents are able to agree and their plans are put into place without mishap.  Sometimes at separation, the financial circumstances change and new plans have to be made and other schools researched.  Where parents are unable to agree, parties turn to the Court, including about which school the children should attend.

It can be a difficult decision for the Court, who has to decide which school put forward by each parent will be best for the children without any real evidence to refer to and with facts generally supplied by biased parties.

In a recent appeal case, Stewart & Stewart,  a mother applied to the Court for the children to attend private school.  The judge estimated the private schooling (6 years of high school) would cost at least $250,000 to $300,000 for each child.  The mother suggested the father, a lawyer, pay and as an alternative that she would sell the house to pay.  The father said he couldn’t afford it.

The Court decided that neither parent could afford the fees, and ordered that the parents must agree to another school and if they couldn’t, the children would have to attend the local state high school.

If you have any questions about the rest of the case, or have questions about your children and their schooling or any other parenting issues, contact us on 1300 285 683, or book an appointment online now.