Legal Eagle: Advice parental responsibility when looking to change a child’s school
Can I change my child’s school without the permission of their father?
This will depend primarily on whether the father has parental responsibility and any existing court orders in relation to the children.
Parental responsibility refers to the legal rights and duties a parent has regarding their child's upbringing including decisions about education. In most cases, both parents have parental responsibility if they were married at the time of the child's birth or if the father is named on the birth certificate. Even if neither of these apply, parental responsibility may subsequently have been granted by the court.
If both you and the father share parental responsibility then you cannot unilaterally change your child's school without his consent. Changing a child’s school is considered a significant decision under family law and if both parents have parental responsibility they are expected to make such decisions jointly.
If you were to change the school without the father's agreement, he may take legal action such as applying for a Prohibitive Steps Order to prevent the change.
If you and the father disagree on the school issue either of you can apply for a Special Issue Order to ask the court to decide what is in the child's best interests. The court will consider all the wider circumstances around the reasons for the change of school, existing child arrangements and living circumstances, the emotional and educational impact of the change, the child’s social needs and will always place the child’s overall welfare at the centre of any decision it makes.
If you do have sole parental responsibility or a court order granting you permission to make educational decisions without the father’s consent, you can change the child’s school without his agreement however even in these circumstances the courts prefer parents to keep one another informed about major decisions involving their children.
If there is a Child Arrangements Order in place that specifies where the child must live or which school they attend, you must also follow those terms or apply to court to seek a variation if you wish to make any changes.
In summary unless you have sole parental responsibility or a court order giving you exclusive rights over educational decisions you will generally need the father's consent to change your child’s school. If an agreement cannot be reached you should consider attending mediation and seek legal advice.
If this situation sounds familiar to yours or you have any other family law issues please do not hesitate to contact us at [email protected] or via telephone on 0191 565 3112.