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Choosing your child’s school is not a decision to be taken lightly as it can affect their education, friendships, routine and emotional well-being.
For separated parents, this decision may be difficult and it can be even harder if you cannot agree or deadlines are approaching.
If you and your ex-partner cannot agree on which school your child should attend, you must understand who has the right to decide and how you can resolve the issue.
If you have parental responsibility, you have a legal right to be involved in decisions around your child’s education. This is regardless of whether the child lives primarily with you or your ex-partner.
Parental responsibility gives a partner the authority to make important life decisions, such as where a child will receive their education.
In England and Wales, birth mothers automatically have parental responsibility. Fathers and same-sex partners may also have it depending on marriage, civil partnership or birth registration.
Most parents share parental responsibility, which means neither parent can usually make a unilateral decision about schooling without consulting the other.
When parents separate, children may feel stuck in the middle. School can provide them with stability and routine and choosing the right one is important.
Parents should consider what is in the child’s best interests when considering schools.
This can include travel arrangements, academic and extracurricular opportunities, pastoral care and emotional support.
Your child’s wishes and feelings should also be considered, depending on their age and understanding.
If you cannot agree on a school, court action does not have to be your first step.
A trained mediator can help both parents discuss the issue in a neutral setting and focus on the child’s needs.
However, if this option fails, an application can be made to the court for a Specific Issue Order.
This is a court order used to resolve a particular disagreement and the court’s priority will always be the child’s welfare. The decision will be guided by the welfare checklist under the Children Act 1989.
If one parent attempts to change a child’s school without the other’s consent, it may also be possible to apply for a Prohibited Steps Order to prevent this.
Disagreements about schooling can be emotional and the academic year can come around quicker than expected.
Our expert team can work in conjunction with mediators to help you reach a fair agreement efficiently and avoid costly and stressful court proceedings.
If your disagreement continues and further legal support is needed, we can help draft a Specific Issue Order application.
Disputes with your ex-partner are challenging, but it is important to come to an agreement so that your child’s education and continuity in school can be protected.
Please note that there are also other voluntary alternative court dispute options available, which our team can discuss with you, when considering your individual circumstances.
If you are struggling to reach an agreement, our Family Law experts can offer advice on a practical approach that works for your family.
Senior Associate
I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.
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