When parents separate, they may have different opinions over which school their children should attend. We take a look at the legal situation and how to resolve a dispute.
What To Do When Separated/Divorced Parents Disagree
If you and your child’s other parent cannot agree on which school to send them to, you are strongly advised to speak to a family law solicitor. They will be able to discuss the situation with you and let you know how the dispute could be resolved.
Involving a solicitor early on can prevent the situation from degenerating and a relationship from becoming more difficult. If you ask us to help you, we will try to negotiate a solution on your behalf, taking into account your child’s welfare and needs, and where necessary support you through alternative dispute resolution such as mediation.
The Law Surrounding Parent School Choices
The law does not give a parent the right to choose a school for their child without consulting the child’s other parent, even where the child lives mainly with the first parent. If an agreement cannot be reached between the parents, then steps need to be taken to try and resolve this.
Where a child lives with someone under a Child Arrangements Order or someone who has parental responsibility, they have the option to ask the court to make an order in respect of school choice, although it is usually necessary to consider mediation first before approaching the court.
I Have Parental Responsibility, Do I Have A Say in Choosing Schools?
If you have parental responsibility, you are entitled to make decisions about issues such as which school your child will attend.
What is parental responsibility and who has it?
Parental responsibility refers to the rights and duties a parent has in respect of their child. Birth mothers automatically have parental responsibility along with fathers or same-sex partners who were married to the child’s mother at the time of their birth. Unmarried fathers have parental responsibility if they jointly registered the child’s birth with the mother or if it has been granted to them since.
For more information, see our Guide to Parental Responsibility.
When Will The Court Get Involved?
The courts prefer that all decisions relating to children following a divorce or separation are made by way of agreement wherever possible. If your solicitor cannot negotiate an agreement, then the next step is to consider mediation. A mediator will explain the mediation process to you and if you decide to go to mediation sessions, will work with you both to outline the options open to you.
Where mediation is not successful, the court can be asked to decide the matter.
The Court’s Consideration
The court can make a specific issue order setting out which school your child will go to. In reaching this decision, it will take into account a number of points, including:
- Your child’s feelings and wishes, considering their age and understanding
- The effect that a change of school might have on the child
- The school’s location
- Affordability
- The reputation of the proposed school and the facilities available
- Any objections raised by either parent, such as on the grounds of the education offered or the religion followed
Ensure Your Children Are Protected
To ensure your child or children are protected from being moved, you should speak to a solicitor if you have any concerns.
If you are involved in parental disputes over schools, we can help you resolve matters as soon as possible.
Email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in Birmingham, Northampton, Wellingborough and London.
FAQ
Do I need the father’s consent to move my child to a different school?
Yes. If the father of your child has parental responsibility, then they are entitled to have a say in the school that your child will attend.
Does a school have the power to stop a parent from seeing their child?
No. Only the court can stop a parent from seeing their child and this will only be done on the grounds of the child’s safety or welfare.
Which parent decides on a school for their child?
Ideally, both parents will make the decision together, with the help of a family lawyer or mediator where necessary.
Can a parent apply to a school on behalf of their child without the other parent’s consent?
While a parent may be able to apply for a school place without the other parent’s consent, the court has the power to prevent the child from going there if it believes that it is not in the child’s best interests.
Which parent has to pay school fees?
The issue of school fees will generally be dealt with along with other financial matters on divorce. It may be necessary to make a separate application to the court if the matter needs to be dealt with as a matter of priority.
It should be noted that school fees for a private school are considered a luxury and the court will take into account the needs and welfare of the family in deciding whether to order payment.
Are school fees paid out of child maintenance?
School fees will generally be dealt with separately from child maintenance. The court can order that periodic payments are made to cover the fees, which could be made directly to the school.
How can I stop my child’s other parents from moving them to a different school?
If you believe that your child’s other parent will attempt to move them to a different school, you should speak to a family law solicitor as a matter of urgency. They will be able to apply to the court on your behalf to ask for a prohibited steps order. This is an order preventing someone from taking certain actions – in this case, from moving your child to a different school.
