A child’s education is one of the most important aspects of their childhood. Deciding what type of school your child should attend or the location of the school can add another layer of difficulty for separated parents who often have their own ideas or preferences as to what is best for their child. Decisions can also crop up whilst children are at school, for example in relation to any additional educational needs that may come to light as they progress through the school system.
Parents with parental responsibility have a duty to their child and need to make decisions together as to what is in their child’s best interests looking after their welfare. This applies to decisions relating to their education including where they should go to school.
If you are making your child’s initial applications for primary school places in January, you should consult with your former partner and come to a decision together. Similarly, if you think your child needs to move schools then you need to seek consent from their other parent before taking any action.
a. Specific Issue Order: This is where the court is asked to determine a specific question or point regarding a child, which can include deciding on which school a child attends
b. Prohibited Steps Order: This is an application to the court for an order to stop someone from exercising their parental responsibility in a particular way. It can therefore be useful for a parent who thinks that the other parent is going to move their child to another school without their consent. You can ask the court to make an order to stop them from doing this.
When approaching decisions relating to your child’s education, or any decisions relating to their welfare, it is important to give yourselves plenty of time to discuss and reflect before the decision needs to be made. Starting to think about having a discussion a few weeks before any deadline is going to cause unnecessary stress and pressure.
If you and your former partner have a different opinion, try to keep an open mind and explore all of the options. For example, consider visiting their preferred school as well as your preferred option, or review Ofsted material and school facilities to compare before discussing again. Factor in travel and how the child arrangements will work before and after school too.
Seek early advice from a lawyer to assist you well in advance of any deadline. You can then approach your discussions fully informed of your options.
For more information on this please speak to the Ashfords Family team, or contact Megan Prideaux on m.prideaux@ashfords.co.uk.
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