Which Parent Decides Where a Child Goes to School?
April 2025
When parents separate or divorce, one of the most important decisions they must make is where their children will go to school. In some cases, disagreements arise about which school is best for the child, especially when the parents have different ideas or live in different areas. Understanding who has the legal right to make this decision is essential for parents navigating this difficult situation.
This summary provides general information and does not constitute legal advice on any individual circumstances.
In England and Wales, both parents generally share parental responsibility for their child, meaning that they both have a say in important decisions regarding the child’s welfare, including where the child goes to school. If both parents have parental responsibility and can communicate effectively, they can jointly decide on which school the child will attend. However, if one parent has sole parental responsibility or the parents are unable to agree, the matter may need to be resolved through legal means.
What Happens If Parents Can’t Agree on a School?
If parents cannot come to an agreement about which school their child should attend, either parent can apply to the Family Court for a decision. The court will make a ruling based on what it considers to be in the child’s best interests, which is always its primary concern.
The court will consider various factors when making its decision, including the child's age, academic needs, and emotional well-being. The court will also consider any practical issues, such as the distance between the schools and the parents' ability to transport the child. Ultimately, the court’s goal is to ensure that the child’s education supports their overall development.
What If One Parent Has Sole Parental Responsibility?
In certain situations, one parent may have sole parental responsibility for the child. This can happen if, for example, the father isn’t listed on the child’s birth certificate, and hasn’t been awarded parental responsibility by the court. In such cases, the parent with sole parental responsibility generally has the legal authority to make decisions about the child’s education without the need for input from the other parent.
However, even if one parent has sole parental responsibility, it is often recommended that they involve the other parent in significant decisions about the child’s education. Courts tend to favour co-parenting arrangements where both parents are involved in their child's upbringing, and excluding the other parent from important decisions can cause unnecessary conflict.
What If There Are Multiple Schools to Choose From?
When parents disagree on the choice of school, it is often because there are multiple options available. This can include local schools, private schools, or schools that cater to specific educational needs, such as special educational needs (SEN) schools. In such cases, the parents should consider factors such as the child’s academic strengths and weaknesses, the quality of the school, and the location.
If the parents cannot agree, the matter may ultimately have to be settled in court. The court will assess the child's needs and what would be the best option for their future, while also taking into account any views the child may have, depending on their age and maturity.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
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For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
