As the six-week holidays begin for most children, parents will most likely already be having early thoughts to their child(ren)’s education. It may be time to start or change schools by the time September comes, but what if there is an absence in agreement over which school to send your child with your ex-partner? Or with someone else who may hold parental responsibility?
When parents separate or divorce or dissolve of a civil partnership, matters can intensify and can impact family relationships, such as the choice of school, which is why it is important to seek legal help.
As a leading law firm which specialises in Private Children Matters, AFG LAW, with offices in Bolton, Bury and our newly opened Stockport office, have helped many families with the practical steps that can be put in place to support a family when dealing with a specific issue.
Who has parental responsibility?
- Mothers of the child(ren) have automatic parental responsibility.
- A father will have parental responsibility if:
- He is married to the mother.
- He is named on the birth certificate.
- He has an order from the court granting parental responsibility.
- Or if he has a written agreement with the mother granting parental responsibility.
- Civil partners will both have parental responsibility if they were married at the time of their treatment. E.g. fertility treatment.
- For same sex partners who are not civil partners you can obtain parental responsibility by either entering into a parental responsibility agreement or by applying to the court for a parental responsibility order.
Everyone with parental responsibility has a say when making decisions that affects their child(ren)’s education as well as other significant decisions. It is easy for conflict to arise with those who share parental responsibility and deciding where your child(ren) should go to school. The involving factors could be financial, religion, location amongst many more reasons. So, what are your options in the absence of an agreement?
Those with parental responsibility may want to try mediation before taking this to court. Mediation takes place in a neutral setting and allows you to discuss your reasons for the choice of school with someone neutral known as the mediator to try and help you reach a decision. The mediator may involve your child(ren) depending on their age so they can put forward their feelings as it is always in the best interests of your child(ren).
If an agreement cannot be reached through mediation, you may want to seek legal advice to make an application for a specific issue order to the family court where they will make a decision for you in respect of which school your child should attend. This is based on your child(ren)’s the best interests. They will consider their age, sex, background, physical, emotional, and educational needs as well as any other child(ren) specific needs. The court will also consider the practicality of the school for example the location of the school, how will they travel to and from the school? Are there any agreed child arrangements in place that could be affected?
Ultimately, your child(ren)’s education is critical, all options will be carefully considered to ensure the best interest of your child(ren) are met. It is also worth noting that parental responsibility will automatically end when the child turns 18.
Specific issue orders themselves are court orders which state what a Judge has said should happen to a child in relation to a specific question, such as which school they should attend. Here, you can find more information about specific issue orders.
This may feel like a very unsettling time for you and you may feel rather helpless or frustrated yet there may be practical things that you can do to help everyone involved in the long run:
- Be open to mediation.
- Seek legal advice.
- Document your discussions with those involved, whether that be your child, ex-partner, and or schools.
- Listen to your child’s thoughts and feelings.
- Ensure you have considered all your options and schools in your area.
If you find that you are experiencing this, please do not hesitate to contact AFG Law. Here at AFG, we can assist by offering you a free consultation, in which a solicitor from our family department will contact you to discuss your situation and options as to whether there is merit in making an application to the court for a specific issue order to determine which school your child should go to.
We also offer legal aid which may be available to you in making an application, subject to a means and merits test. Within our free consultation, we can discuss eligibility for legal aid.
We are here to help you and your family so get in touch with one of our team for an initial chat.
CONTACT INFORMATION
Please contact us on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.
AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.
It’s our mission to offer outstanding legal services, utilising our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.