Which parent should decide where their child goes to school?
If both parents have ‘parental responsibility’ for their child they are both responsible for making major decisions concerning them, including the choice of school. The court expects parents to work together to resolve any issues between themselves before involving the court.
I recommend you think about the following:
- How the change of school would affect your child – would the new school offer better facilities or opportunities? Would it impact on your child leaving friends or would a fresh start be beneficial?
- How the change of school may affect the existing arrangements for contact with both parents i.e. whether you are both still able to collect/drop off your child at the same time or does the distance prevent this?
- Obtain details of the proposed new school and visit it, if possible, so that you can speak to the head teacher to make sure you understand the potential benefits or drawbacks before you discount a proposed change.
- If you are the parent proposing the change, share all that information with the other parent and try to agree the move. If you struggle to talk face to face you could arrange a session with a mediator to give you a space away from your child to talk it through.
- Seek specialist legal advice early – if it looks like you can’t agree what is best for your child, time is of the essence especially if an application needs to be made to the court to request/prevent a new school placement.
Can my ex-partner change my child’s school without my consent?
As explained above, the decision regarding schooling should be one which is made by both parents. However, some parents may choose to make the decision without involving the other parent and change the child’s school without the other parents’ consent by completing and submitting an application to the local authority which will enable the move to take place.
What can I do if my child’s school is changed without my consent?
If you cannot agree which school your child should attend, you can apply to the court for a ‘specific issue order’ to ask the court to decide which school your child should attend. If an application to change the school has already been made, an application to the court for a ‘prohibited steps order’ can be made for the court to stop the move until the court has been able to consider it.
In both applications the court will look at what is best for the child when making their decision. Completing the groundwork as set out above will invariably put you in the best position.
An application can be made on an urgent basis and, if required and possible the court can hear the case on the same day an application is submitted to ensure your child’s welfare is not adversely affected by your disagreement as parents.
We’ve also produced an article detailing what happens if you can’t agree which school your child should attend?