Choosing a school for your child is an important and often a difficult decision for any parent to make and this can be further complicated for separated parents, who may have differing views about which school their child should attend.
Both parents should be involved in the decision about their child’s education, but what happens if you cannot agree? The primary consideration should always be the child and what is in their best interests.
Anyone with parental responsibility for a child, has a right to decide which school their child attends. This is not a decision that should be made unilaterally without consulting with the other party.
If you find that you cannot agree on a school, the starting point is to have honest and open communication with the other parent, where possible. You may find that by doing so, you are able to agree on matters or that there is some common ground. If an agreement still cannot be reached then consideration should be given to attending mediation, unless exemptions apply. The Court will encourage parents to reach an agreement between themselves, without the need for Court intervention and meditation can be a good option to enable this. If mediation is not deemed suitable or is unsuccessful, you can make an application to Court for a specific issue order.
A specific issue order as the name suggests, can address specific issues when parents cannot agree. This not only applies to decisions about a child’s school and educational needs, but it can also address other issues such as changing a child’s name, decisions about a child’s religious upbringing, whether a child should receive medical treatment and consent to travelling overseas and relocation.
In cases where a parent has concerns that the other parent may change a child’s school without their consent, an application for a prohibited steps order should be considered. This is an order to prevent someone with parental responsibility, making a decision about a child’s welfare and upbringing. This includes moving a child from one school to another without the other parent's consent, as well as changing a child’s surname and taking a child out of the jurisdiction for the purposes of a holiday or permanently.
A prohibited steps order differs to a specific issue order as it prohibits a parent taking certain action in relation to a child, whereas a specific issue order determines specific issues when parents disagree, such as those discussed above.
When the Court considers such applications, it must have regard to the following factors:
The child’s welfare will be the court’s paramount consideration and an order will only be made if it is in the child’s best interests.
If you are in a dispute regarding the upbringing or welfare of a child and require advice, please contact a member of our Family Team here, who will be happy to assist you.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
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