Choosing a school for your child can be a difficult task and one of the most important decisions you can make for your child. Education is pivotal to your child’s future and unlocking your child’s potential to progress in the world.
On occasions, when parents separate it can become difficult to communicate, sometimes your views do not align, and it is therefore easy to you lose sight of what is best for your child.
When discussing which school your child should attend, it is for those persons who have parental responsibility for the child, who can make these very important decisions
Parental responsibility is defined in Section.2 of the Children Act 1989 as “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”. In simple terms this relates to decision making for the child on a day-to-day basis but also provides any person who has parental responsibility to have a say in the major decisions of a child’s life and choosing a school and how your child is going to be educated falls into this category.
Whilst choosing a school could seem to be a simple decision such as revieing Ofsted reports, comparing one schools’ performance to another, it also can be complicated by where you live, whether your child is going to be privately educated and if so, who is going to pay and therefore communication with all persons who have parental responsibility is key.
Another consideration is exactly who has parental responsibility for your child, who should you be discussing these matters with? The mother automatically has parental responsibility. A father, has parental responsibility if they were at one time married to the mother, who is named on the birth certificate, who has a parental or adoption Order or who has a parental responsibility by agreement or Order of the Court. It is crucial that any person who has parental responsibility is consulted as unilateral decisions should not be made and if they are a Court could reverse those decisions made, upon an application made to the Court.
What happens if there is no agreement?
If agreement cannot be reached, then mediation may assist as this will encourage communication and hopefully lead to a consensus of how schooling will be approached. Ultimately if there remains disagreement then one party would need to issue an application to the Court for a Specific Issue Order. If this occurs then the decision making will fall to the Court after considering various factors, with the paramount consideration being the child’s welfare. Whilst the parent’s views would be listened to, there are other factors which the Court must consider which laid down at Section 1(3) of the Children Act known as the welfare checklist.
These are difficult and sensitive decisions to make, as they relate to your child’s future and here at McAlister Family Law, we will guide you through the process and provide you with correct expert legal advice.
