The matters explored in this insight apply to all education decisions, including moving schools, but the general principles discussed are also applicable to other specific issues that co-parents should discuss and decide together for their child; for example, vaccinations, other medical decisions and change of name.

Your rights to have a say on school admissions?

Selecting where a child is to go to school can be challenging for separated parents,particularly if they disagree. As touched upon in previous insights, ‘parental responsibility’ governs the duties and obligations parents have to their child. Where parental responsibility is shared, important decisions regarding the child’s welfare, including where they go to school, should be made jointly. Parental responsibility is not to be taken lightly and is fundamental to your practical and legal role as a co-parent.

It is not uncommon for co-parents to disagree. What is important is that you are aware of your parental responsibility, and how it specifically applies and should be utilised in circumstances where you and your co-parent do not see eye to eye.

What if you can’t agree?

If there is a disagreement, there are many options available.

1.    Discussion between co-parents

The first option to explore should always be trying to reach an agreement and resolve the matter directly with your co-parent.

Your co-parenting relationship is going to continue for many years, and ultimately it will be in the best interests of your child for you and your co-parent to communicate effectively; being exposed to negativity and hostility will never be appropriate.

In addition, the financial and emotional implications of taking more extreme steps to resolve matters (for example, court proceedings, which are discussed below) should be a factor in motivating you to resolve any issue as amicably as possible.

2.    Family mediation

It isn’t always possible for co-parents to sit down together or communicate effectively; they can have difficulties with this, which is understandable. Family mediation should be the next consideration in such circumstances, if appropriate for the parents. Family mediation is a process whereby co-parents sit down with a trained specialist family mediator who assists in facilitating these difficult conversations and helps co-parents to agree a way forward.

Family mediation is actively endorsed by the Family Court as a method of alternative dispute resolution. The process can save co-parents stress, time and money.

Priya Palanivel is our mediator here at Family@Sheridans, and you can read more about the mediation process here if you would like to understand more or discuss this with Priya.

Examples of when family mediation may not be appropriate include where there is a history of domestic violence, or a power imbalance, between co-parents.

3.    Court intervention

If mediation is unsuccessful, or not appropriate (for the reasons set out above), and co-parents are unable to agree a way forward, an application can be made by one parent or by both parents (separately) to the Family Court, for a Specific Issue Order under the Children Act 1989, and the court will determine the dispute between them. A Specific Issue Order application can be made in the context of a general application to the Family Court to determine child arrangements (i.e.how children are to spend their time with each parent), or on a stand-alone basis for a discrete issue, where the parents have been unable to reach an agreement by other means.

A Prohibited Steps Order is also a consideration if you are concerned your co-parent is going to make a school application or move your child to a new school without your consent. This application gives the court the ability to make an order prohibiting this; it is a preventative order.

Resorting to court proceedings to resolve issues such as schooling is always a last resort, because court proceedings can be lengthy, expensive and emotionally challenging. Choosing the court route without first exploring other options for resolving matters can set the tone of proceedings, cause further acrimony and inflame matters.

The backlog and delays in the court system are also a factor to consider. Getting an application before a Judge takes a significant amount of time, so it is important to move swiftly with an application, if this is necessary, once all other options have been considered.  

4.    Family arbitration

An alternative to court proceedings that still provides a definitive conclusion to matters, in circumstances where discussions with your co-parent or family mediation are inappropriate, or have been exhausted, is family arbitration.

Family arbitration must be agreed and entered into voluntarily by co-parents, but it can provide a quicker, smoother and, in some cases, more cost-effective process, in which a definitive decision will be reached by the arbitrator if matters are not agreed during the process. It provides a similar structure to court proceedings, but the parties can choose their arbitrator and venue for arbitration, and they have greater control over timing for the process.

Further details about family arbitration can be found here.

Our 3 top tips for co-parents:

1.   Start thinking about matters early. Often one parent does take the lead in the organisation of matters for the child, but it is important you are aware of your shared parental responsibility and the circumstances in which it is appropriate to vocalise this. If you do have a strong view on where your child is going to be educated, it is important that you do your research and equip yourself with the knowledge to support your position, whatever it may be.

2.  Communication. Discussing matters openly with your co-parent as soon as possible is always preferable, to open up the conversation and reach a conclusion without the time pressure of school application deadlines.

3.  Get in touch with a family lawyer. Knowledge is power,and as experts in private children law matters, we can equip you with knowledge,provide you with the right support and steer when there is a disagreement, and advise you how best to resolve the matter.

For any query or further information on the matters covered in this insight, please do not hesitate to reach out to the team by filling in our enquiry form or emailing us at family@sheridans.co.uk.