Disagreements about schooling
Choosing a school is always a big decision to make but when parents are separated the decision-making process can become even more complicated.
Making the decision to separate or divorce is one of the biggest decisions that a parent will make. It represents the first step in developing a new co-parenting relationship between you and your ex and, particularly at the outset (or when circumstances change), it can be difficult to know which aspects of co-parenting you will be able to agree on.
Selecting a school for your child is a big decision to make for them, and where you and your ex share parental responsibility, decisions about education or childcare should be taken jointly.
Cases involving disputes over schooling can be challenging and education can be a divisive topic. Not everyone agrees on what is best for a child’s development and learning. Some prefer schools with a strict academic policy and top exam results whilst others prefer a more rounded education which focuses on a child’s strengths. There is no one right answer and every child will have different needs.
What you need to know
Disputes over education or schooling can arise in many ways. Even if you and your ex agree which school or nursery your child attends, it is sensible to get written agreement from everyone who has parental responsibility for them.
Where possible, it is best to try to come to an agreement about any decision over schooling. You could use direct communication, negotiating through solicitors, mediation or collaborative law. Coming to an agreement together gives you the opportunity to find a solution tailored to your family’s circumstances and one which benefits your children the most.
If an agreement is not possible, you could use arbitration and ask an arbitrator to make the decision for you. You can also apply to the court and let a judge decide what should happen. In most cases, as part of the court application process, you will need to speak to a mediator to check whether mediation could be helpful in resolving your dispute.
When applying to court it is usual to seek one or both of these orders:
- specific issue order – this is where the court is asked to deal with a specific question. For example, this could be which school or nursery a child attends.
- prohibited steps order – this is an order which prevents someone with parental responsibility for a child from doing certain things. For example, this could be moving a child to a new school.
Depending upon how old your child is, their “voice” can be heard in many of these different processes.
