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Back to school: When disputes arise over your children’s education

Many of you may recently have experienced the normal back to school routine, but what happens if your former partner doesn’t agree with your choice of schools or education.

There is an increasing number of parents choosing to home school or seeking alternative schooling routes and while many families reach agreement amicably, disputes can quickly arise when parents have differing views on what is best.

Resolving these disputes quickly is in the best interest of all parties, so it is important to understand what options are available to settle matters as peacefully as possible.

The role of communication and negotiation

In these situations, communication should always be the first step. Sometimes this might be possible directly with the other parent or guardian without any intervention from others.

However, if that isn’t possible for some reason, then alternative dispute resolution such as solicitor led negotiations or mediation can provide a constructive space for parents to discuss concerns, explore options, and try to find common ground without the stress and cost of court proceedings.

Mediation is particularly valuable because it keeps the focus firmly on the child’s best interests and helps preserve co-parenting relationships.

Following a successful mediation, the agreement can be made into an order if required or maintained more casually if it is easier.

When the courts become involved

However, if agreement cannot be reached, either through more casual agreement or with the help of a mediator, the courts may need to become involved.

One common route is through a Specific Issue Order, which allows the court to decide on a particular point of dispute relating to a child’s upbringing.

In the context of education, this could include decisions about:

Which school a child should attend
Whether a child should be home schooled or not
Participation in extra-curricular activities with educational significance
Choice of specialist support or additional learning provision
The welfare of the child always comes first

In all children matters, the first principle is that the child’s best interests come first. Whilst this may be harder for younger children, the court’s priority will always be their welfare.

The court will need to consider factors, such as the child’s individual needs, the quality of education available, practical considerations like travel distance and the wishes and feelings of the child will all be considered.

In some instances, the conclusions this draws may not reflect one parent’s wishes but rather serve the child’s best interests.

Finding the right resolution

At the heart of it, the law aims to ensure that children receive an education suited to their needs and circumstances, even where parents cannot agree.

If you find yourself in dispute over your child’s education, seeking early advice can make a huge difference.

To find out more about our wide range of family law services, particularly in relation to child matters, please get in touch.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.