When you are a parent who shares parental responsibility, decisions about your child’s education must be made jointly.
If you are wondering if your ex can refuse to agree to a school change for your child, the quick answer is here – one parent cannot unilaterally move a child to a new school without the other’s consent.
If your ex-partner refuses to agree to a school change, there are structured steps you can take to resolve the issue, and that’s what we will discuss in this article.
If you disagree on a school change
Here are the steps taken in such a situation:
Attempt to reach an agreement
The first step is always open communication. You should put forward information about why a change is being considered, discuss practical aspects like travel and support needs, and listen to each other’s concerns. Sometimes, this can lead to a satisfactory joint decision.
Consider mediation
If discussions stall, try to bring in mediation. Talking with the help of a mediator can provide an impartial environment. While they might not be legally binding, agreements reached in mediation can help to build the foundation for a workable solution.
Go to court
When it is still proving difficult to reach an agreement, either parent may apply to the Family Court for a Specific Issue Order. This tasks the court with making the decision on whether a school change is appropriate on behalf of the parents.
Seek legal advice
Each case is different, and so speaking to family law solicitors in North Wales can help you understand your options, the likely outcomes and the best approach.
What to know about the court process
If the case does go to court, here are some things to consider:
The child’s best interests come first
The court’s priority is the welfare of the child. Judges look at educational needs and emotional well-being, and how a school meets those needs.
Current situation
Courts will consider the child’s situation at their present school, and what the impact of moving could be; looking at practical implications such as travel time.
Parental responsibility
The court recognises that parents with parental responsibility have an equal say, assessing each parent’s reasoning and willingness to support the child.
As solicitors specialising in family law, at Bennett Smith we pride ourselves on a highly personal approach with clear communication and swift response times. Let’s talk about how we can help you move forward in the best interests of your child.
