Deciding on the right school for your child is one of the most important decisions you can make as a parent. However, when parents are divorced or separated, disputes can arise over schooling. It is beneficial to be aware of your options and understand how the legal system can support you through this process.
Key Takeaways
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Both parents share the right to decide on their child’s schooling and must consult each other, even if the child lives mainly with one parent.
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Disagreements can be resolved through mediation or, if needed, court intervention via a specific issues order.
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Decisions focus on the child’s best interests, including their education, well-being, routine, and views, with early planning and legal guidance recommended.
Who Has the Right to Choose?
Education is considered a fundamental decision in the UK, which falls within the scope of parental responsibility. In most cases, both parents share parental responsibility, which means they both have an equal say and a duty to consult the other when it comes to important choices such as:
- Which school should the child attend
- Whether the child should change schools
- Applications for faith schools, grammar schools, or private schools
A child may primarily reside with one parent, but this does not mean that only one parent gets the final say. Both parents should be involved in their decision.
What Happens if Parents Cannot Agree?
If parents are finding it difficult to agree on schooling, there are two main ways forward:
- Mediation: This is often the first stage in resolving the dispute. A trained mediator can assist in reaching a shared agreement towards schooling.
- Court application: If an agreement cannot be reached, either parent can apply for a specific issues order. This allows the court to decide which school the child should attend.
What Will the Court Consider?
The child’s best interests come first, even when the court has to decide on a matter such as schooling.
The court may take into account:
- The child’s academics and developmental needs
- The location of the school and the practicality of travel arrangements
- The impact on the child’s routine and emotional well-being
- The child’s own views, depending on their age, to express themselves
Tips for Parents
Parents should always start the discussions early to avoid any last-minute disputes. This will allow you and your child to be prepared for the next stage of their life and have a smooth transition into their school life.
As disputes can arise over schooling, the focus should be on the child’s needs rather than the differences you have with the other parent. It is beneficial to receive legal advice if you are struggling to resolve matters, so you know where you stand.
Disputes about schooling can be stressful, but there are clear legal steps to help you resolve them. The best outcome is usually reached when both parents agree. At times, this is not possible, so the parents can either attempt mediation or go to court to provide a way forward.
At Howell Jones Surrey Solicitors, our Surrey family law team can guide you through the process and help you make informed decisions about your child’s future education. Please contact us on 0800 011 9813.
