Knowing what school to send your child to can be a stressful decision, as you need to weigh up not just the school’s place on a league table but how it can cater to your child’s needs.
When you and your co-parent are separated, the conversation around your child’s education can become more tense.
If you have reached an impasse with your ex-partner, it is best to understand how to move forward with your child’s education.
Who has the right to choose a child’s school?
The legal right to decide on a child’s school is determined by whether or not a person has parental responsibility.
If you are the only parent with parental responsibility, then the decision is entirely yours and your ex-partner cannot interfere.
However, if you both share parental responsibility, then it will be necessary to reach an agreement on the school your child attends.
You should know whether you have parental responsibility, but generally it is conferred to birthing parents by default and non-birthing parents through marriage, civil partnership or birth registration.
How can disagreements about schools be resolved?
If the disagreement goes far enough to need court intervention, then the court will aim to select the school that best matches the needs of your child.
It will take into consideration both parents’ wishes, as well as the wishes of the child if they are old enough to provide them.
Choosing an appropriate school is ultimately a welfare issue, so a court order can be issued to resolve the matter. The decision will be guided by the welfare checklist under the Children Act 1989 as the court works to ensure that your child’s best interests are met.
If one parent seeks to change a child’s school without the other’s consent, then it may be possible to apply for a Prohibited Steps Order to prevent this.
Court is not the only option when it comes to resolving these disputes as it can be possible to deal with things through a mediator.
This will enable you and your ex-partner to have your voices heard without having to directly argue with each other.
There are many great schools in Essex, but you will want to have a say on exactly which one your child attends.
At Palmers, we work to support families by ensuring that all legal rights are preserved and responsibilities are met.
We can help you work through these disputes to ensure that the best outcome for your family is achieved. For confidence in handling disagreements with an ex-partner, speak to our team today.
