As a parent you will always strive to do what is best for your children, but for separated parents this can sometimes lead to disagreement when what is best in one parent’s eyes does not align with the other parent’s view.

‘Where education is an important factor for a child’s development and welfare, and for their future success and happiness, it can be the subject of a family dispute if parents disagree over where a child should attend school,’ says Louise Ewing, Family Law Advisor at WBW Solicitors in Newton Abbot.

Parents may have had different experiences of education, with each feeling that their schooling worked for them and will be best for their child.  Choice of schooling can also be linked to religious and cultural beliefs, with each parent wanting an educational setting for their child which aligns with their respective values.  On a practical level, parents may differ on the location of the child’s school, for example whether it should be closer to one parent or if the child should attend the same school as others, such as children of the parent’s new relationship.

Disagreements can arise at any stage. Over nursery, primary and secondary schooling or whether your children should be home-schooled.

It is always best to try and keep communication with your former partner open and see if an agreement can be reached amicably.  If you have tried this but have been unable to reach an agreement, you may be concerned as to who has the final say on schooling matters.

Parental responsibility

The first thing to check is if you both have parental responsibility.  Anyone with parental responsibility for a child will have a say on the school their child should attend.

Biological mothers hold parental responsibility as do married fathers or fathers named on their child’s birth certificate.

There are other circumstances when you may have parental responsibility, so if you are unsure about this you should seek legal advice.

Steps can also be taken to obtain parental responsibility, both with the agreement of the other parent or in the absence of it.  For this reason, even if you do not presently have parental responsibility you are not necessarily precluded from being involved in a decision about your child’s school.

Legal options

Our experienced family lawyers will be able to advise you on your options, including alternatives to having to go to court.

Firstly, we can negotiate with your former partner or their legal representative to see if agreement can be reached.

Mediation is another option to try and reach an amicable resolution.  This allows both parents to air their views and feelings on schooling.  With the help of an independent mediator, parents can discuss what they both think is best for their children in a calm environment.  Sometimes this will lead to a compromise being achieved as both parents may have gained a better understanding of where the other one is coming from.

The final option is to apply to court and let a judge decide what should happen.  In most circumstances prior to doing this you will have to have attended a preliminary mediation session.  When applying to court you may want to seek one or both of the following types of court order:

  • Specific issue order – This is when you apply to the court asking a specific question. In this scenario it may be that you will be asking the court to determine which school your children should attend.
  • Prohibited steps order – This is when you apply to the court asking it to prevent someone with parental responsibility for your child from taking a certain action. In this scenario it may be that you are asking the court to prevent your former partner from moving your child to a new school.

What will the court consider?

As with any dispute to do with children, the court’s paramount consideration must be the welfare of the child.  The law sets out a list of issues the court must consider.  This list is known as the welfare checklist, and it covers a number of aspects, including:

  • the age, sex and background of the child;
  • their physical, educational and emotional needs;
  • how they feel and what they would wish to happen;
  • the likely effect on them of a change in circumstances; and
  • if they are at risk of suffering harm.

When it comes to a child’s schooling it is important to look at if there are any special educational needs and, if so, how these could best be met.  A statement of needs may be beneficial or a report from the child’s social worker if they have one.

Most children will not have any special educational needs and the question over schooling may be about preference.  In that case, the court will look at all the circumstances in the round including the school’s facilities, how the child will travel to and from school and, depending on the child’s age, their own wishes and feelings on what school they should attend.

The court may seek a report into the children’s wishes and feelings if they are old enough to provide them.  A child’s view will likely be taken into account provided they have sufficient understanding.  Their wishes and feelings are only one factor and will not always be in line with what a court decides is best for their welfare.

For further information

For further information on any family law disputes, please contact Louise Ewing in the family law team on 01626 202368 or email LouiseEwing@wbw.co.uk.