Introduction
As we enter into 2024, the timetable for admissions for school places for September is now well under way. This is a key and pivotal moment in a child’s life and as a parent you will want to make the best decision possible. However, reaching an agreement can become an issue, especially for separated parents. This can be because each parent lives in a different area or that you both simply prefer differing schools. As there is a set deadline for outlining your preferred options or accepting places, it is best to ensure that any conflict is resolved as quickly as possible.
Does my ex-partner have a right in deciding our child’s school, even though the children live with me?
This question depends on whether your ex-partner has parental responsibility for the relevant child. Parental Responsibility (PR) is the rights, duties, powers, responsibilities and authority which a parent has in relation to their child.
Parents can have PR automatically, or they can acquire it. Broadly speaking:
- The child’s biological mother will automatically have PR.
- If a father is married or in a civil partnership with the mother, then they will automatically have PR.
- Fathers who are not married or in a civil partnership do not automatically have PR but can obtain PR by having their name registered or re-registered on the child’s birth certificate, by agreement or by order of the court.
- It is key to note that step-parents and grandparents will also not automatically have parental responsibility.
Therefore, if your ex-partner has parental responsibility, then they have the duty and right to be involved in deciding how your child(ren) are educated, including the school that they attend.
Conflict or disagreements can arise when both parents truly believe that they have their children’s best interests at heart but are not able to settle on a preferred school.
What factors are considered when trying to find the most appropriate school?
Divorce proceedings or separation in general can be a very difficult and turbulent time for children, as they will often be caught in the middle of the stressful situations that their parents are experiencing.
It has been estimated that there are over 2.5 million separated families in the United Kingdom, with around 4 million children within those separated families.
Children require certainty and structure in their lives, which can be especially difficult to put in place during divorce proceedings. If possible, it is best to try to put in place a consistent routine, so that children know when they will be spending time with each parent. If you are having difficulty making arrangements with your former partner, then we are able to provide assistance and advice in relation to this.
It is important to note that a school is often a safe and consistent routine for a child, where they are surrounded by friends and supportive staff, which is especially important when trying to come to terms with their parents’ separation. Which means that is it vital that the correct decision is made about what school your child will attend.
If you are proposing for your child to change schools, then there are several factors which should be considered, which include but are not limited to:
- What the travel arrangements will be for the children getting to and from school and whether these are feasible.
- The relevant Ofsted reports and credentials from the school, in terms of both their academic achievement and support available for SEN children.
- Any additional curricular activities or clubs that are offered which are particularly relevant to your children.
- How the location and travel arrangements tie in with existing or proposed living and contact arrangements.
- The age of the child and their wishes and feelings on any proposals.
The paramount concern is the well-being of your children and what proposal is in their best interests from an educational and practical standpoint.
What if we can’t reach an agreement or my ex-partner is unreasonable?
Before any application is made to the family court, it is best to try every possible avenue to reach an amicable agreement, where it is suitable to do so.
This can start initially by having a direct discussion with your ex-partner, to ascertain whether there are any points which you are in agreement.
If you have difficulty communicating with your ex-partner, such as if you are already going through acrimonious divorce proceedings, then it may be that mediation is more suitable. Mediation can take place either face to face, remotely or by way of shuttle mediation.
If this proves unsuccessful, then another option is solicitor correspondence, which can assist parties in reaching an agreement by receiving appropriate advice from a professional.
In the event that there is no prospect of an agreement being reached, then you are able to consider whether it is appropriate to apply for Specific Issue Order in relation to which schools should be applied for or attend if relocating following separation.
The court’s paramount concern is what impact any decision will have on the children and what is in their best interests, this can include their physical, educational and emotional needs.
How can E J Coombs Solicitors help with my child’s school?
If you are having any issues with your ex-partner in terms of arrangements with your child, then we are able to assist. Please call or email us and speak to one of our experienced specialist family lawyers who will advise you appropriately.
