Separated Parents & the New School Year: Who Gets to Decide?

A new school year can mean new teachers, new routines and sometimes even a new school. For separated parents, however, decisions about a child’s education can occasionally become a source of disagreement.

So, who actually gets to decide?

The starting point is parental responsibility. This means having the legal rights, duties and responsibilities involved in making important decisions about a child’s upbringing.

Where both parents have parental responsibility, important decisions such as changing a child’s school – should generally be discussed and agreed together. Everyday decisions, such as homework routines, meals and normal activities, will usually be made by whichever parent the children are with at the time.

Difficulties can arise where parents disagree about matters such as:

• Which school should a child attend;
• Moving a child to another area;
• School holiday arrangements;
• Taking a child abroad;
• Extracurricular activities; or
• How much time a child spends with each parent.

Where possible, parents should try and resolve disagreements through direct discussions or family mediation. Keep communication child-focused and avoid involving children in adult disagreements can make a significant difference.

Unfortunately, agreement is not always possible.

In those circumstances, the Family Court can be asked to make decisions. Depending upon the issue, an application may be made for a Specific Issue Order, asking the Court to determine a particular question, or a Prohibited Steps Order, preventing a particular decision from being made without the Court’s permission.

The Court’s paramount consideration will always be the welfare of the child, rather than what either parent personally wants.

If you are separated and finding it difficult to agree arrangements for your children, obtaining advice at an early stage can often prevent matters escalating.

Brearley’s Solicitors’ Family Law team advises parents on child arrangements, parental responsibility, school disputes, relocation, holidays and other family law matters (divorce and finances).