Deciding where your child goes to school is an important decision. When parents are separated, disagreements about changing schools can become particularly difficult, especially where a move could affect a child's education, friendships, travel arrangements or the time they spend with each parent.
Our family law solicitors at Consilia Legal provide practical and sensitive advice to parents dealing with disagreements over their child's education. We can help you understand your rights, explore ways of reaching an agreement and, where necessary, advise you about applying to the Family Court for a Specific Issue Order.
Can I Change My Child's School Without the Other Parent's Permission?
Choosing where a child goes to school is an important decision relating to their upbringing and education.
Where both parents have parental responsibility, decisions about significant changes to a child's education should generally be discussed between them.
This can include:
- removing a child from their current school;
- choosing a new school;
- moving between state and private education;
- changing school because one parent is relocating;
- deciding whether a child should attend a boarding school; or
- other significant decisions concerning the child's education.
If another person also has parental responsibility for your child, you should therefore seek legal advice before making a significant change to their schooling without their agreement.
What Happens if Separated Parents Cannot Agree on a School?
If you and your child's other parent disagree about where your child should go to school, there are several ways the issue may be resolved.
Where possible, reaching an agreement outside court is usually preferable. This may involve discussions between you, negotiations through solicitors or family mediation.
Sometimes, however, an agreement simply cannot be reached.
If you remain unable to agree, either parent may be able to apply to the Family Court for a Specific Issue Order asking the court to decide which school the child should attend.
What is a Specific Issue Order?
A Specific Issue Order is an order made by the Family Court to determine a particular question relating to a child's upbringing.
Schooling is a common example.
A parent might apply for a Specific Issue Order where:
- one parent wants the child to change schools and the other objects;
- parents cannot agree which secondary school their child should attend;
- one parent wants the child to attend a private school;
- a proposed relocation means the child's existing school is no longer practical;
- parents disagree about a particular type of education; or
- a decision needs to be made before a school application or admissions deadline.
Rather than giving one parent general authority to make decisions, the court will determine the particular issue placed before it.
Can I Stop My Ex From Changing My Child's School?
If you believe your child's other parent intends to remove your child from their current school without your agreement, it is important to obtain family law advice quickly.
Depending on the circumstances, it may be appropriate to apply for a Prohibited Steps Order.
A Prohibited Steps Order can prevent a person from taking a particular step in relation to a child without the court's permission.
For example, you might seek an order preventing your child from being removed from their current school until the dispute has been properly resolved.
In some cases, an application for a Prohibited Steps Order may be made alongside an application for a Specific Issue Order asking the court to determine which school the child should attend.
How Does the Court Decide Which School a Child Should Attend?
The Family Court's focus will be the child's welfare rather than simply deciding which parent's preferred school is "better".
Every case will depend on its individual circumstances.
When considering a dispute about schooling, relevant factors may include:
- the child's educational needs;
- the child's wishes and feelings, taking account of their age and understanding;
- how settled the child is at their existing school;
- the child's relationship with friends and teachers;
- any special educational needs;
- the quality and suitability of the proposed schools;
- travelling time and practical arrangements;
- the effect of the school on existing child arrangements;
- the reasons each parent prefers a particular school;
- the impact of changing schools on the child; and
- any other circumstances affecting the child's welfare.
The court will consider the evidence as a whole before deciding what outcome is in the child's best interests.
Does My Child Get to Choose Which School They Attend?
A child's wishes and feelings can be relevant when parents disagree about their education.
However, a child does not automatically have the final say.
How much weight is given to their views will depend on factors such as their age, maturity and understanding.
The court will consider the child's wishes and feelings alongside the other circumstances of the case, with their welfare remaining the central consideration.
Older children and teenagers may naturally have particularly strong views about their education, friendships and the practical impact of moving schools.
Changing Schools Because One Parent is Moving House
School disputes frequently arise when one parent wants to relocate.
For example, a parent may want to move to another town or city and enrol the child at a school closer to their new home.
This can create several interconnected issues.
Changing school could affect:
- how far the child travels each day;
- where the child spends their time during the school week;
- handovers between parents;
- existing Child Arrangements Orders;
- friendships and extracurricular activities; and
- the amount of time the child can practically spend with each parent.
A disagreement about schooling can therefore become part of a wider dispute about relocation and child arrangements.
Our family law solicitors can advise you on the issues together and help you consider the practical and legal consequences of the proposed move.
What if My Ex Has Already Changed My Child's School?
If your child's school has already been changed without your agreement, seek legal advice as soon as possible.
The options available will depend on factors including who has parental responsibility, whether any existing court orders are in place and what has happened with the child's school registration.
Where appropriate, an urgent application to the Family Court may need to be considered.
The longer a child has been attending and settling into a new school, the more complicated the practical circumstances may become. It is therefore sensible to obtain advice promptly rather than waiting to see what happens.
Do I Need to Go to Court Over a School Dispute?
Not necessarily.
Court proceedings are not always the best way to resolve a disagreement about your child's education.
Where appropriate, parents may be able to reach an agreement through:
- direct discussions;
- solicitor negotiations;
- family mediation;
- collaborative law; or
- another form of non-court dispute resolution.
These approaches can give parents greater control over the outcome and may help preserve a workable co-parenting relationship.
Our family law team can advise you on the different options and help you decide which approach is most appropriate for your circumstances.
Family Mediation for School Disagreements
Family mediation can be particularly helpful where separated parents need to make an important decision about their child's education.
A trained family mediator can help you discuss the areas you disagree about, explore the practical implications of different schools and consider whether a solution can be reached.
Mediation is not about deciding which parent is right. The mediator remains neutral and helps both parents work towards their own agreement.
Where an agreement cannot be reached, you can still obtain legal advice about taking the issue to court.
How Consilia Legal Can Help With a Dispute About Changing Schools
Disagreements about education can be stressful for parents and children, particularly where a decision needs to be made quickly.
Our experienced family law solicitors can help you understand your legal position and find a way forward that keeps your child's needs at the centre of the process.
We can assist with:
- advice about parental responsibility;
- disagreements about choosing a school;
- proposed changes of school;
- negotiations between separated parents;
- family mediation;
- Specific Issue Order applications;
- Prohibited Steps Order applications;
- urgent applications;
- disputes involving relocation;
- existing Child Arrangements Orders; and
- representation in Family Court proceedings.
Where possible, we will help you explore ways of resolving the disagreement without court proceedings. If an application becomes necessary, we can guide you through the process and represent your interests throughout.
Speak to Our Child Law Solicitors About Changing Schools
If you and your child's other parent cannot agree about changing schools, getting advice early can help you understand your options and prevent the situation from becoming more difficult.
Consilia Legal's experienced child law solicitors can advise you on parental responsibility, Specific Issue Orders, Prohibited Steps Orders and disputes about your child's education.
Speak to our family law team today to discuss your circumstances and find out how we can help. Contact us today on 0113 322 9222 or email enquiries@consilialegal.co.uk
