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Lucy JonesWhat happens when parents disagree over schools?
Parents cannot always agree on a choice of school for their child(ren). This happens most often when parents have separated.
If you have parental responsibility for your child, you have a say in which school they should attend.
What is parental responsibility?
The Children Act 1989 says parental responsibility consists of “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. This is a very legalistic definition and does not really help to explain what parental responsibility means in practice. Put more simply, if you have parental responsibility, you have a duty to:
- provide a home for your child; and
- protect and maintain your child.
You will also have the authority to:
- look after your child’s property; and
- make important life decisions about your child, including where they will receive their education.
Who has Parental Responsibility?
In England and Wales, biological mothers automatically have parental responsibility for a child from birth. In addition, you will have automatic parental responsibility for a child if you are:
- a father who was married to the mother at the time the child was born.
- an unmarried father if you jointly registered the birth with the mother.
- same-sex partners, if you were married, or in a civil partnership, at the time the child was born, or at the time of the fertility treatment.
Accordingly, more than one person can have parental responsibility for a child at any time, and each person with parental responsibility can act alone in meeting their responsibility. Therefore, it’s understandable that exercising parental responsibility can sometimes cause conflict between those who share it. So, what happens if you cannot agree with your ex-partner on where your child should go to school?
See also: Who has parental responsibility for a child?
What happens when parents disagree over schools?
The first step is to set out your position in writing to your ex-partner. If you cannot reach an agreement, you should consider attending mediation. This takes place in a neutral setting and allows you both to put forward your wishes. Depending on the age of your child, the mediator may involve them in the discussions to ascertain their wishes and feelings.
If mediation is unsuccessful, an application can be made to the court for a Specific Issue Order to determine where the child should attend school. When making such an order, the court’s paramount consideration is the child’s welfare, and any order made will be in what the court considers to be the child’s best interests.
What happens if my ex-partner tries to change my child’s school without notifying me?
In this situation, you can issue an application to the court for a Prohibited Steps Order to prevent this from happening, together with an application for a Specific Issue Order for the court to decide which school is the most suitable for your child.
Take advice
The law relating to arrangements for children following relationship breakdown is complex. It’s always in the best interest of the children if parents can agree arrangements. Where this is not possible, always take early legal advice.