Jewish day school enrolment is one of the most common parenting flashpoints I see in matters involving separated Jewish parents in Melbourne. Yeshivah College, Beth Rivkah, Bialik College, Mount Scopus Memorial College, Leibler Yavneh College, King David School, ARC School, Sholem Aleichem College — each has its own ethos and fee structure, and disagreements about enrolment, retention and fees are frequent. This article maps the legal framework and the practical patterns.
Why this is a 'long-term major decision'
Schooling is expressly identified as a long-term major decision under the Family Law Act. Where parents share parental responsibility under children's parenting orders, both must be consulted and ideally must agree. Where one parent has sole parental responsibility for long-term decisions, that parent decides — but the other parent will typically still be involved in fee discussions if those fees affect their financial obligations.
Where the parents disagree
Where the parents share parental responsibility and cannot agree about Jewish day school enrolment, the matter has to be resolved — by mediation if possible, or by application to the FCFCA for parenting orders. The Court applies the best-interests-of-the-child principle, considering: the school's curriculum (religious, secular, dual), the child's existing connection to the school and friendship group, the child's expressed views (with weight depending on age), the financial implications, the impact on the parenting schedule (particularly for Friday afternoon and Sunday programs), and where relevant, the religious context of the parents.
Common scenarios: one parent wishes to move the child from a Jewish day school to a secular school; one parent wishes to enrol the child in a Jewish day school for the first time; the parents agree on a Jewish day school but disagree on which one (e.g. Modern Orthodox vs Charedi). The Court has decided each of these scenarios in different ways depending on the facts.
Fees — who pays
Jewish day school fees in Melbourne are substantial — typically $25,000–$35,000+ per child per year for established schools, with multiple-child discounts available at most schools. Where parenting orders or BFAs do not address school fees specifically, fees are usually shared by agreement or, in default, by reference to child support calculations and the parties' relative financial positions.
Where one parent is willing and able to pay full Jewish day school fees and the other is not, the matter often resolves quickly. Where both parents say they cannot afford it, the legitimate options narrow: scholarships and bursaries (most Jewish day schools offer means-tested fee assistance), a less expensive Jewish school, or a state school with after-hours Jewish education through chabad-affiliated programs or local shules.
Practical orders that prevent disputes
We typically draft parenting orders in matters involving Jewish day school children to address: the specific school enrolled at, the parents' respective obligations for fees, the process for any change of school (mutual consent required, default school identified if consent withheld), the position if one parent is considering relocating the children, and the parents' agreement to attend parent-teacher events and school programs together where possible. Detail in the orders pre-empts disputes that would otherwise come up year after year.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Practising family and property law in Melbourne since 2012. Last reviewed 22 May 2026.
This article is general legal information about Australian family law. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.