Legal Eagle: Back to School: When separated parents cannot agree
The start of a new school year can bring difficult decisions for separated parents. Where both parents have parental responsibility, major educational choices should usually be discussed and agreed.
Routine matters can generally be handled by the parent caring for the child at that time, however disagreements may arise over practical arrangements, such as school applications, transport, drop-offs and collections, parents’ evenings or communication with the school.
When parents cannot agree, the child’s welfare should remain the focus. Relevant factors may include the child’s educational and additional needs, their wishes and feelings where appropriate, the quality and location of each school, journey times and the effect of any change on their stability.
If you are struggling to come to an agreement with the other parent, it is important to seek legal advice. A solicitor can write to the other parent, set out the issues and help identify a practical solution. You may also be referred to mediation, which allows parents to discuss the options with an independent mediator. Settling matters outside of Court is always preferrable, as it is often quicker, less stressful and less expensive than Court proceedings. Furthermore, an application to the Court should only be made as a matter of last resort. Before applying to the Court, attendance at a Mediation Information and Assessment Meeting is usually required unless an exemption applies.
If you cannot reach an agreement, a Court application can be made. The Court may make a Specific Issue Order to determine an issue such as which school should the child attend. It may also make a Prohibited Steps Order to prevent a parent from doing something such as changing schools without agreement. The Court’s consideration is the child’s welfare.
If you are struggling to agree arrangements, we can provide advice on negotiation, mediation and Court applications. You may also be eligible for legal aid. Call our team on 0191 275 2626 or email [email protected].