Co-Parenting and Navigating School Selection

When it comes to deciding on a school, both parents with parental responsibility should ideally agree on the choice. This applies to decisions about whether the child should attend a public or private school, a religious or secular institution, or whether to move the child to a different school.

Disagreements can arise if parents have different preferences or if one parent feels that the other is making decisions without proper consultation.

Resolving Disputes

If parents cannot agree on a school choice, several options are available:

Mediation

Mediation is often the first step encouraged whereby a neutral third party helps the parents reach an agreement. While mediation is not legally binding, it can be a helpful way to resolve disputes without resorting to court.

Court Applications

If mediation fails, either parent can apply to the court for a Specific Issue Order or a Prohibited Steps Order.

• A Specific Issue Order asks the court to make a decision on a particular aspect of a child's upbringing, such as which school they should attend.

• A Prohibited Steps Order can prevent a parent from making a particular decision without the court's consent, such as moving the child to a different school.

In making its decision, the court will prioritise the best interests of the child. This includes considering the child’s needs, the parents' circumstances, and the impact of the decision on the child's welfare. Courts are generally reluctant to interfere in parental decisions unless it is deemed necessary.

Practical considerations

Effective co-parenting requires clear communication and cooperation between parents, especially regarding educational choices. Here are some practical tips:

• Discuss Early: Begin discussions about school options early to allow time for negotiation and avoid last-minute conflicts.
• Document Agreements: If an agreement is reached, consider documenting it formally. While not legally binding, it can serve as a reference if disputes arise later.
• Consider the Child’s View: Depending on the child's age and maturity, it may be appropriate to involve them in the decision-making process, particularly if they have strong feelings about their education.

Some of the considerations which should be at the forefront of a parent’s mind when looking at decisions concerning the child’s school and education, or in the event an application is made to determine this are:

• How will the change affect your child?
• Does the school offer better opportunities/facilities/Ofsted standards? Details of the new school should be obtained, and visits carried out and this information shared with the other parent.
• Will the location be an issue in terms of child arrangements?
• Can both parents still easily get to school for collection and drop off?
• Will changing schools have a financial impact on you/the family?
• What does your child think about the move?
• What is the objection to the school your ex-partner has suggested or moved the child to?
• The Court will want to listen to both parents’ views and ensure that any Order they make will be in the child’s best interests.

If you have any further queries or need support during this time, please contact us on 020 8290 0440 to speak to a member of our Family Law team.