As parents, we strive to make the best choices for our children’s future, often trying to provide them with opportunities we were never given ourselves.
However, sometimes our views on what is best differ.
Disagreements about your child’s education whether it is about school choice, subject options, or extracurricular activities, can arise from differing values, priorities, or concerns about a child’s well-being.
If you and your co-parent, whether married, separated, or divorced, find yourselves at odds over education-related decisions, it is important to understand how English law addresses such matters and what steps you can take to resolve disputes.
Parental responsibility and education decisions
In England, key decisions about a child’s upbringing, including their education, are typically made by those who hold parental responsibility.
This legal status is held automatically by mothers and, in most cases, fathers, (if they were either married to the mother or listed on the birth certificate) but can also extend to guardians or others in certain circumstances.
While parents generally make these decisions together, disagreements can happen.
For instance, one parent may want the child to attend a religious school or even a boarding school, but the other may prefer they attend the public school that is right at the end of the street.
If your child is 16 or older, they have a greater say in their education, and their views will be and should be considered more seriously.
What happens when parents disagree?
Try not to be too worried if you and your co-parent cannot agree on an important aspect of your child’s education. These disagreements are more common than many realise, and there are several pathways to resolving them.
The first step is always to try to communicate calmly and openly. A clear, constructive conversation may often be enough to reach a compromise.
If you think your child is old enough and mature enough, bring them into the discussion as well to understand what their preferred option is.
If direct discussions are proving difficult or emotionally charged, mediation can be an effective way to work through the issues and help parents reach an agreement with minimal conflict.
When can the courts get involved?
If emotions are running high or neither party is willing to compromise, it may be necessary to take further steps.
You could try speaking to an educational professional like a teacher or school counsellor to give you a better understanding of your child’s needs and potential.
When all else fails, either parent can apply to the family court for a Specific Issue Order, asking the court to make the final decision about the educational dispute. The court will base its decision on several factors, including:
We can offer a compassionate, understanding approach to guide you through the legal process while keeping your child’s best interests as our priority.
If you are struggling to resolve an education-related disagreement or need assistance applying for a Specific Issue Order, our experienced family law team is here to guide and support you every step of the way.
Please contact our Family Law solicitors for more information.