Separated Parents – Disagreement on a child’s school
Separated Parents – Disagreement on a child’s school
What to do and how to solve it
One of the biggest decisions parents must make for their children is choosing which school to send them too. In England and Wales, the law requires children to be in full time education from the school term which holds the child’s 5th birthday. So, for example, if a child turns 5 in February, they would need to start full time school by the Spring term which usually runs January to Easter. In reality, regardless of where the child’s 5th birthday falls, many parents opt not to stagger a child’s entry to school and allow them to begin their education at the start of the academic year in September.
For separated parents, the decision on where or when to send their child to school can become even more complicated especially if they do not agree. For some, it can cause unbearable tension and trigger historic, but deep-rooted disputes between the parties. Choosing a school or changing a school is a standalone issue, regardless of who has primary care responsibilities for the child. Even if both parents have the child’s best interests at heart, it can sometimes still be a struggle to agree on the right school.
If both parents have parental responsibility for the child, they have a duty and obligation as well as the right to decide how the child is to be educated. This is not a decision that should be made unilaterally without consultation with the other parent. A huge number of factors are involved in this decision and ultimately the well-being and education of the child should be central to the decision. If two parents cannot agree on which school should be selected for their child, there are steps that can be taken to resolve the issue before involving the court.
Both parents ideally need to have an open and honest conversation with each other, or anyone else who shares parental responsibility. Both parents should strive to try to find some common ground to see if the issue can be resolved through discussion, empathic listening and reasoning. If that seems out of reach for some parents, they can still attempt to have such conversations but with the assistance of a professional such as a family mediator or both parties engaging two well-trained family law solicitors who can help negotiate a resolution either in a round table setting or through solicitor led correspondence.
As a last resort the matter can be referred to the court through a Specific Issue Order application. The court will consider the position of each parent and then make an order determining where the child should go to school. The court will be guided specifically by the welfare checklist laid out in s1(3) of the Children Act 1989. They will ensure the welfare of the child is the primary concern in decision making. This includes the wishes and feelings of the child, depending on their age and understanding, as well as their physical, emotional, and educational needs. Other factors can also be pivotal, such as how far the school is from the parties homes, a parents own network, i.e. are there others that could assist with drop off, pick up, or help in an emergency, the OFSTED Report or in cases where the child has physical or mental health issues, what the level of support a school can provide that child.
For separated parents and divorcing parents, where their child/children should live and go to school is of the utmost importance. If you have found yourself at a deadlock with your ex-partner or know of anyone who is experiencing similar issues over schooling, there are steps that can be taken, and professional support can be provided.
Contact our experienced Family Law Solicitors today to find out your options and by booking a fixed fee priced initial consultation at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
