How can separated parents resolve child schooling disputes?

Choosing a new school for your child is an important decision for all parents. From travel arrangements, to considering long term educational and welfare needs, your child’s schooling can impact the entire family, and making such decisions can be very difficult.

For separated parents, this can have an even greater impact.

Who decides where a child goes to school?

Those who have parental responsibility are responsible for making this choice.

It is essential that all of those who have parental responsibility are involved in making this decision.  A child’s school is considered a key decision and you cannot unilaterally choose or change a child’s school without involving the other parent.

What if parents disagree?

Disagreements can arise for numerous reasons. One parent may hold the school’s ethos or religious aspect in higher regard, and the other may be focused on the support available or the size of the classes. Location can be key.

Local authorities may not be able to process a school application without the agreement of all of those with parental responsibility.

What to do if there is disagreement?

Discussion

The first step in resolving this issue is discussion. Depending on the age of the child, they could be involved in this, especially if they have a particular preference in where they would like to go.

Mediation

Mediation can be very useful in assisting with discussion. Keep an open mind and listen to the other parent’s perspective. Share information about the schools. Keep child focused on what is best for your child. 

Instruct a solicitor

A family solicitor can assist in negotiations by keeping communication structured and legally guided, which in turn makes the process quicker.

When agreement isn't possible

If you and your ex-partner cannot agree during negotiations, you may need to involve the court or consider other non- court dispute resolution, such as arbitration.

There is the option to apply for a specific issue order for the court to determine the issue of the child’s schooling. This is governed under section 8 of the Children Act 1989, in which the court makes the decision based on the welfare principle. A court will consider what is in the child’s best interests, considering a range of factors such as their wishes - if they are of sufficient understanding - their physical, emotional, and educational needs, and the impact of such changes that may happen.

If one parent is taking steps unilaterally without the other parent’ s permission, such as changing a school, a court can make a prohibited steps order preventing a parent from taking such steps.

How can a solicitor help?

Instructing a solicitor from the beginning can often prevent escalation and unnecessary litigation, saving you stress, and additional costs. A solicitor can advise on your rights and can help you understand the framework before negotiations start.

When an agreement is reached, we can put this into a written document, preventing any future disagreement.

If you require advice regarding a dispute about your child's schooling or any other family law matter, our Family Law team is here to help.