Expert Legal Advice for the 2026 School Year
Separation or divorce brings significant shifts to family dynamics, particularly during the “Back to School” period. In Queensland, navigating school and childcare arrangements for the 2026 school year requires a proactive approach centered on Parental Responsibility and the Best Interests of the Child.
Important Date: Term 1 for the 2026 Queensland school year begins on Tuesday, 27 January 2026.
The 2026 Quick-Start Guide
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The Rule: Both parents must agree on “major long-term issues” (like school choice and enrollment).
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The Goal: Consistency and stability for the child’s education.
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The Solution: Formalise arrangements through Parenting Plans or Consent Orders before the 2026 term starts.
Who Decides Which School or Childcare the Child Attends?
In Australia, education is classified as a “major long-term issue.” Under the Family Law Act (updated May 2024), while the “presumption” of equal shared responsibility has been removed, the court still prioritises joint decision-making where it is safe and in the child’s best interests.
Key Factors for 2026 Planning:
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Proximity: Distance between the school and both parents’ residences.
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Primary Care: The current living arrangements and daily routines.
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Best Interests: The child’s social circles, sibling locations, and specialised educational needs.
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Court Context: If agreement is impossible, you must engage in Family Dispute Resolution (FDR) before seeking a Court Order.
What Happens if One Parent Wants to Change Schools?
A school change for the 2026 academic year often stems from a parent relocating or a belief that a different environment would better suit the child.
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Shared Consent: You cannot unilaterally move a child to a new school if parental responsibility is shared.
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Unilateral Actions: If one parent enrolls a child without consent, the other may seek an urgent Recovery Order or Injunction.
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Judicial Review: The Court will evaluate the “status quo”—it is generally reluctant to disrupt a child’s established routine unless a change is clearly beneficial.
Logistics: Handling Drop-Offs, Pick-Ups, and After-School Care
The 2026 school week relies on clear logistics. These should be documented in your Parenting Plan:
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Responsibilities: Explicitly state which parent manages the commute on specific days.
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Events: Determine who handles transport for after-school sports and extracurriculars.
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Right of First Refusal: Many 2026 agreements include a clause where, if the “on-duty” parent is unavailable, the other parent is offered the time before the child is sent to after-school care.
Who Pays for School Fees and 2026 “Back-to-School” Costs?
Financial disputes peak in January. To avoid conflict, negotiate a fair split based on financial capacity for:
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Enrollment & Tuition: Private school fees are often governed by a Binding Child Support Agreement.
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The 2026 Essentials: Uniforms, booklists, and mandatory digital devices (laptops/tablets).
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Incidental Costs: Excursions, camps, and sports registrations.
Legal Tip: Discussing and documenting these expenses in late 2025 prevents legal friction once the 2026 term begins.
How Are School Events Handled?
School events such as parent-teacher interviews, concerts, or sports days can become tricky if they fall on a week when the child is with the other parent. To navigate this:
- Both parents have a right to attend school events unless a Court order states otherwise.
- It’s essential to notify the school of the separation and provide both parents’ contact details to ensure equal access to event information.
- If attending events together is not feasible, consider alternating attendance or requesting separate appointments, such as for parent-teacher interviews.
Can a Child Attend After-School Care When the Other Parent is Available?
Conflicts sometimes arise when one parent wants the child to attend after-school care, but the other parent is available to care for them. Legally, this depends on the terms of your parenting agreement:
- If your agreement specifies after-school care as part of the routine, it should be followed.
- If not, you may need to negotiate or amend the agreement to reflect the current situation.
The Court’s primary focus in these cases will be whether the arrangement benefits the child.
Talking to Your Child About Joint Custody
Children can find the changes that come with separation overwhelming, especially when it involves joint custody. Here are some tips to help them understand:
- Be Honest but Reassuring: Use age-appropriate language to explain the situation and emphasise that both parents love them.
- Provide Predictability: Share the custody schedule with your child so they know what to expect.
- Stay Positive: Avoid speaking negatively about the other parent in front of the child.
- Encourage Questions: Let your child ask questions and address their concerns openly and calmly.
Working with Schools: A 2026 Checklist
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Update the School: Provide the administration with copies of your Court Orders or Parenting Plans.
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Dual Communication: Ensure both parents are registered for school apps (e.g., Compass, QParents) and newsletters.
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Boundary Respect: Keep teachers out of personal disputes. The school’s focus must remain on your child’s learning.
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Shared Calendars: Use digital tools to coordinate parent-teacher interviews and school concerts.
Managing the Holiday to Classroom Transition
The shift from the long summer break to the first day of Term 1, 2026, can be jarring for children.
Expert Resource: For a smoother start, refer to our guide on Parenting Arrangements During School Holidays. Understanding holiday handovers is the first step to a successful 2026 school year.
FAQs- People Also Ask
Can I access my child’s school records?
Yes. Unless a specific Court Order states otherwise, both parents have a legal right to access academic and medical records.
What if my ex-partner refuses to cooperate on the 2026 enrollment?
You should seek Family Dispute Resolution (FDR) immediately. If mediation fails, you may need to apply for a “Specific Issues Order” from the Court.
Can I prevent my ex-partner from attending school events?
No. Both parents generally have a right to participate in their child’s school life (concerts, sports) unless an intervention order or specific Court Order prohibits it.
How do I handle disputes about extracurricular activities?
Try to negotiate an agreement that reflects your child’s interests and schedule. If this isn’t possible, mediation may help.
Final Thoughts
Preparation for the 2026 school year starts now. At Bennett Carroll Solicitors, we provide the expert family law advice needed to resolve disputes and protect your child’s education. Whether you are in Brisbane, the Gold Coast, or the Sunshine Coast, or anywhere in Queensland, our team is here to help you move forward with confidence.
Contact Us Today to discuss your family law needs. Together, we’ll work towards arrangements that prioritise your child’s best interests and give you peace of mind.
Next Steps & Essential Reading
Managing school is just one piece of the puzzle. To ensure you are fully prepared for the year ahead, we recommend reviewing these related guides:
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Holiday Planning: Ensure your summer transitions are seamless with our guide on Parenting Arrangements During School Holidays.
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Legal Rights: Understand the foundation of your case in our article on Parental Rights: Guidance on Parental Responsibilities, Visitation Rights, and Child Support
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Mediation: If communication has broken down, learn how Family Dispute Resolution Services can help you reach an agreement for 2026 without the cost of Court.
