The decision to send your children to school or keep them home is a guardianship decision that must be made by both parents. Every guardianship decision must be based on what is in the child's best interests. That may look different for each of your children. It can be challenging when you and the children's mother do not agree what is in your children's best interests.
Communication
Good communication is essential for successful co-parenting. Try to have an open discussion with your children's mother about how you feel about the children returning to school. By listening to each other you may be able to reach a compromise that works for the children and each of you.
The children's mother may be concerned about how the lack of face-to-face contact with other children and teachers is impacting one or both of your children. She may feel this is having a more detrimental impact than the virus would. You could address these concerns by suggesting more outdoor playdates for the children.
Your children's mother may have work obligations that mean she cannot help the children with their school work when they are in her care. This could be the reason she prefers they return to school. If you are better able to care for them during the school day, you could offer to care for them during school hours or you may agree that they only attend school when they are in her care.
You are particularly worried about the children catching public transport. Consider whether there are any solutions that would make you feel more comfortable. For example, you may be able to agree that the children will be dropped at school by each of you to avoid public transport.
Child's views
Another important consideration in sending the children back to school is each child's view. Children must be given an opportunity to have their views heard. While some children may be excited about returning to school, others will feel anxious. How much your child's view should influence the decision will depend on their age and maturity, but they should have the opportunity to have their views considered.
Resolving guardianship disputes
If a compromise cannot be reached after you have tried speaking with each other, you will need to look for other avenues to resolve the guardianship dispute.
Mediation
Mediation is an option if you cannot agree or are having problems communicating. Mediation involves an independent third party who will facilitate a discussion between the two of you and help you reach an agreement. The mediator can be a trusted friend or family member or you can attend a formal mediation with a trained mediator through a Family Disputes Resolution (FDR) provider.
FDR services are still operating under the current lockdown restrictions. It is likely that the mediation will occur remotely over a video call. FDR is partially funded by the Government so the cost is no more than $448.50 per party. FDR is available through Fairway and the FDR Centre.
Family Court
If you still cannot reach an agreement following mediation, you can apply to the Family Court for an Order to Settle a Dispute between Guardians. The Family Court will consider what is in the welfare and best interests of each child in their particular circumstances. It is important to note that there will be costs involved in applying to the Court and it may impact on your relationship with the children's mother in the future. It is also likely that your application would not be considered by the Court until at least mid-January.
Summary
Navigating co-parenting through a pandemic is no easy task. Whether to send your children back to school is a difficult decision, but it is important that you and the children's mother try to resolve it between yourselves. If you cannot reach an agreement, you can try mediation or apply to the Family Court as a last resort.
• Jeremy Sutton is a senior family lawyer, specialising in divorce cases where there are significant assets, including family trusts and complex business structures.
