When parents separate or divorce, decisions about a child’s education can become complex—especially when one parent wishes to homeschool. In Australia, education is a shared parental responsibility under Family Law, and both parents must generally agree on major long-term decisions such as schooling. But does homeschooling require court approval, or can parents simply agree privately?

This article explores what Australian Family Law says about homeschooling agreements, your parental rights, and when court intervention might be necessary.

Understanding Parental Responsibility Under Family Law

Under the Family Law Act 1975 (Cth), both parents usually share what’s called “equal shared parental responsibility” for their child. This means each parent has an equal say in significant aspects of the child’s upbringing—such as education, religion, and health.

Homeschooling, being a major educational decision, falls within this category. Therefore, if both parents agree that homeschooling is in the best interests of the child, they can generally proceed without needing court approval, provided the arrangement complies with state or territory education requirements.

Homeschooling Regulations in Australia

Homeschooling is legal in all Australian states and territories, but each has its own registration process and standards. Parents must register with their local education department and demonstrate that the child will receive an education consistent with the Australian Curriculum.

For example:

• In New South Wales, parents must apply through the NSW Education Standards Authority (NESA).
• In Victoria, parents register with the Victorian Registration and Qualifications Authority (VRQA).
• In Queensland, registration is managed by the Home Education Unit (HEU).

If parents are in agreement and meet these state requirements, homeschooling can be legally implemented.

What Happens When Parents Disagree About Homeschooling?

Disagreements often arise when one parent prefers traditional schooling while the other supports homeschooling. In such cases, court intervention may be required to resolve the dispute.

The Federal Circuit and Family Court of Australia (FCFCOA) can make orders determining the child’s educational arrangements. The court’s primary consideration is the best interests of the child, including:

• The child’s academic and emotional needs
• Each parent’s capacity to provide appropriate education
• The potential impact of homeschooling on the child’s social development
• The child’s own views, depending on their age and maturity

If a parent starts homeschooling without the other’s consent, it can be viewed as a breach of shared parental responsibility, potentially leading to legal consequences or a court order reversing the decision.

Can Homeschooling Be Included in Parenting Orders?

Yes. Parents can include homeschooling arrangements in a Parenting Plan or Consent Orders, which formalise the agreement.

• Parenting Plans are written agreements that outline how parents will share responsibilities but are not legally binding.
• Consent Orders, on the other hand, are legally enforceable and can be approved by the court if both parties agree.

Including homeschooling in these documents provides clarity and prevents disputes in the future.

The Court’s Approach to Homeschooling Disputes

When courts assess homeschooling disputes, they do not automatically favour one educational approach over another. Instead, the court evaluates:

• The quality of education being provided
• The level of parental cooperation
• The child’s learning progress and social wellbeing

Judges generally encourage parents to resolve educational disagreements through mediation before resorting to litigation. Mediation can help parents reach a balanced solution without the stress and cost of court proceedings.

Practical Steps for Parents Considering Homeschooling

• Discuss Openly: Communicate your intentions and concerns clearly with the other parent.
• Seek Agreement: Try to reach a mutual decision that supports the child’s welfare.
• Register Properly: Apply for homeschooling approval through your state’s education authority.
• Document the Agreement: Record the arrangement in a Parenting Plan or Consent Order.
• Seek Legal Advice: A Family Law specialist can guide you through the process and ensure compliance with the law.

When to Seek Legal Advice

If you’re uncertain about your rights or facing opposition from the other parent, it’s wise to seek professional advice. A family lawyer can help you:

• Understand your obligations under Family Law
• Draft or formalise agreements
• Represent you in court if necessary

Legal advice ensures that your homeschooling decision aligns with both education law and Family Law requirements.

Suggested External Links:

• Federal Circuit and Family Court of Australia (FCFCOA)
• Family Relationships Online – Australian Government
• NSW Education Standards Authority (NESA) – Home Schooling
• Family Relationship Services Australia (FRSA)

At New South Lawyers, we understand that decisions about your child’s education can be deeply personal and emotionally challenging.

Our experienced Family Law team can help you navigate homeschooling agreements, parenting plans, and court applications with clarity and care.

Whether you’re seeking to reach an agreement or need court assistance, we’ll support you every step of the way.

Contact New South Lawyers today to discuss your options and protect your child’s best interests.