Cannot Agree on a Child’s School? Legal Options For Separated Parents

It is very common for there to be disagreements about which school a child should go to when parents separate.

Understandably, this can be very stressful for parents and children. Each person with parental responsibility is entitled to have a say as to which school their child should attend. Parental responsibility is when a parent or other adult, such as a guardian, has the right to be involved in major decisions regarding a child’s life, including decisions in relation to schools. Someone’s parental responsibility remains even after separation. A child’s mother automatically has parental responsibility when the child is born. It can be acquired by the father if he is named on the birth certificate or is married to the mother of the child, if the child was born after 1 December 2003.

One parent cannot make decisions, such as which school a child should attend, alone without agreement or a court order. If only one person has parental responsibility for a child, that parent or guardian does not need to seek consent from any other individual prior to changing a child’s school, subject to other restrictions.

What Can You Do If You Cannot Agree?

The court expects parents to try to resolve disputes between them, where possible, before making an application. This may include:

• Direct discussion focused on the child’s needs
• Family mediation with an independent mediator
• Arbitration with an independent professional
• Taking early legal advice

In most cases, parents must attend a MIAM (Mediation Information and Assessment Meeting) before any application can be made to the Court, unless an exemption applies.

If discussions and mediation or arbitration are unsuccessful, any person with parental responsibility can apply to the Family Court for a Specific Issue Order under Section 8 of the Children Act 1989. This allows the court to decide which school is in the child’s best interests.

Court proceedings can be costly and time-consuming, and it is best to try to reach an agreement outside of the court arena. Parents may also wish to consider arbitration, which involves an independently appointed professional who can assist parents in forming a binding agreement on what school the child should attend.

Once the application has been received by that court, the court will review the same and list a hearing, whereby both parents would need to attend. The court will then hear from both parents as to what their positions are in respect of the school the child shall attend.

The Court may instruct the Children and Family Court Advisory and Support Service (CAFCASS) to write a report on the child. This will conclude with their recommendations as professionals, as to which school the child should attend based on their investigations. In order to prepare their report, CAFCASS may interview the child and/or the parents of the child.

When forming their recommendations for the court to consider, CAFCASS applies the ‘welfare checklist’, which is under section 1(3) of the Children Act 1989. The following is what they will consider:

1. The wishes of the relevant child
2. The needs of the relevant child
3. How the change in circumstances is likely to impact the child
4. Characteristics of the child, including their age, sex and background
5. Whether the child is at risk of harm or is suffering from harm
6. Whether the parents are capable of satisfying the needs of the child
7. What powerdoes the court have to make particular decisions in the circumstances

The court’s focus will always be on the child’s welfare, not the parents’ preferences. Factors include the child’s needs, stability, travel arrangements, and (where appropriate) the child’s wishes.

Important to Know

Enrolling a child in a school without the other parent’s agreement (where both have parental responsibility) may be viewed negatively by the court unless there is a justified reason.

How We Can Help

At Wilson Browne Solicitors, our experienced Family Law team understands how sensitive disputes about children can be. We provide clear, practical advice and can support you through negotiation, mediation, or court proceedings where necessary.

If you need guidance about schooling decisions or any other children‑related issues, please contact our Family Law team for advice or call 0800 088 6004.

This information is for general guidance only and does not constitute legal advice