Deciding on where a child should go to school can be a daunting task and can be complicated further by the lack of available spaces at preferential schools. There are many factors which parents may consider including the location, facilities, and general performance of a particular school. There may also be other determining factors when considering cultural or religious elements, whether the school is a state school or privately funded, and whether the school offers special features such as additional languages or support for disabilities.
As such, this situation can be even more difficult when parents cannot agree on what is best for their children regarding schooling. In particular, separated parents may often disagree and may be tempted to change their child’s school without consulting the other parent, or by making decisions regarding education by themselves.
It is therefore important to note that a parent ought not change their child’s school unilaterally, without the consent of anyone else who holds ‘Parental Responsibility’ for the respective child. If a change of school is made without consent, the other parent may apply to court to prevent the enrolment, which may lead to unwanted hostility. Not every parent will have Parental Responsibility, and not everyone with Parental Responsibility is a parent.
Defined in Section 3(1) of the Children Act 1989, Parental Responsibility is “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
A biological mother automatically has Parental Responsibility for her child from birth. However, a father would normally only have Parental Responsibility if he’s either married to the child’s mother, or is listed on the child’s birth certificate. Fathers without Parental Responsibility can acquire this via agreement or an order of the court.
It is important to note that, in some circumstances, Parental Responsibility can also be granted to others who are not biological parents, such as grandparents, same-sex parents, step-parents, or even the Local Authority for children in care.
This distinction is important as those with Parental Responsibility should talk to each other in the first instance to see if an amicable solution can be met regarding the child’s education. If matters still cannot be agreed then the parties should attempt to resolve their disagreement through mediation or another form of alternative dispute resolution.
Failing this, the parties can file an application with the court to resolve the issue. However, court should be an absolute last resort and those with Parental Responsibility should exhaust all other options before pursuing a Court Order, which is likely to be costly and could be traumatic for the child involved.
If an application is made to the Court, those with Parental Responsibility should consider how the change in school will affect their child, and the likely impact this will have, both positive and negatively.
It is important to remember that the Court will consider a range of factors when reaching a decision, and that a court will not necessary change a child’s school unless there is a strong evidence that this will be what is in the best interests of the child.
At Fisher Jones Greenwood, our team of family law experts have a wealth of experience in dealing with children matters and provide clear advice to guide you through this process. If you would like advice about children or family disputes, please contact our Family Team at 01206 700113 or contact us.