Disagreements about a child’s education can be one of the most stressful aspects of separation or divorce. In the UK, all adults with parental responsibility for a child have the right to be involved in major decisions about that child’s upbringing, including which school they should attend.
Parental responsibility is a legal term that gives a parent or guardian the authority to make important choices regarding a child’s life, such as education, healthcare and religion. A child’s mother automatically has parental responsibility, and a father typically does if he was married to the mother when the child was born or if he is listed on the birth certificate.
Where both parents share parental responsibility, neither can make unilateral decisions about important matters such as changing a child’s school without agreement from the other. In practice, schools may struggle with these situations and parents should work together to avoid conflict.
If separated parents are unable to agree, there are several options to try before involving the courts. Family mediation can help parents reach a mutually acceptable decision with the help of a neutral third party. Arbitration is another alternative, where both parents appoint an independent professional to make a binding decision on the disputed issue.
Where mediation or arbitration fails, the next step may be applying to the Family Court for a Specific Issue Order. This is a legal application asking the court to decide on a specific question, such as which school a child should attend, based on what is in the child’s best interests. The court’s focus will always be the welfare of the child.
At Wilson Browne, our family law team understands how difficult disputes about children’s schooling can be. We can support you through negotiation, mediation or, if necessary, court proceedings to ensure your child’s best interests are protected. https://www.wilsonbrowne.co.uk/news/personal/childs-school-legal-options-for-separated-parents/
