Co-parenting Disputes About School Applications
As children settle into the new school year, many families are turning their minds to school choices, either for secondary or primary education.
State secondary school applications are normally due by the end of October and primary applications can usually be made between November and January. It is important to check the closing dates with your local education authority for state schools and with the school admissions team at private schools.
Whether your children are educated in the state sector or privately, choice of school is of utmost importance to most parents and carers. We are all aware that providing children with a good education can set them up for a successful and happy future.
Schooling choices and decisions carry with them a sense of huge responsibility and researching the options available is essential. It may no longer be a question of choosing the school closest to you, as it frequently used to be. Understandably, there are many factors to consider when making this decision, and if you are separated from your child’s other parent, you and they may not see eye to eye on many things, including where your child should go to school.
What should we be doing now?
Whether you and your co-parent are on good terms or not, it is imperative that the choice of school is one that benefits your child. If you have differing opinions on where to apply, this may create an issue when the time comes to submitting your child’s school application.
It helps to know as much as possible about the schools that are on offer for your child. We recommend that you look at all the information on the websites and consider the school prospectus for all the schools that are a possibility.
Many schools are now holding or advertising their open days and evenings for the next academic year and what better way to get a feel for a setting than visiting it with your child. Open days allow you the chance to see a school functioning at its best, or worst, and provides an informative way of assessing whether a particular school can offer your child the best all round education. You will get the chance to speak to the leadership team on open days and evenings which will also help to inform your final decision on a school.
What should we look for in a school?
When looking at schools there are many factors to consider, including:
- Are you in the catchment area for the schools that you have identified?
- What is the admission criteria?
- Is there an entrance exam?
- If you are contemplating a private school, how will the fees be met? Is this affordable and desirable?
- How will your child get to and from school?
- If using public transport, how much will this cost?
- Will before and after school care be required?
- If your child has additional needs, what schools offer the support required?
- What reports are available on school performance (Ofsted, for example)?
- What provision is offered for your child’s interests – music, sport, drama etc?
- Are you looking for a religious establishment? Are there any additional criteria to fulfil or forms to complete in support of such an application?
Answering these questions will help you and your co-parent to identify the school, or a shortlist of schools, that you think will be best for your child.
What if we cannot agree on where our child should be educated?
You may want to consider family mediation to try to resolve the issue. If there is still no agreement then, as a last resort, it is possible for one of you to apply to the court for a Specific Issue Order under the Children Act 1989, to determine the point. You could also consider Arbitration as an alternative means of resolving a dispute. You can read more about the alternatives to court here.
Specific Issue Orders enable the court to determine a specific issue that has arisen in relation to an aspect of parental responsibility. Generally speaking, parents will both have parental responsibility for their child and as such all important decisions should be made jointly.
The first concern of the court is the child’s welfare. The court will have to consider what is in your child’s best interests in relation to schooling, taking into account a specific list of criteria including the child’s physical, emotional and educational needs as well as the capability of the parents (or any other person the court finds relevant) at meeting the child’s needs. Your child’s views may also be taken into consideration, depending on their age and understanding.
If you are encountering difficulties in relation to the choice of school, you might like to speak to a solicitor to discuss your options for finding a resolution. It can take some time for applications to be brought before the court and as time is usually of the essence when school applications are to be made, it is important to act quickly if you require assistance.
Legal Advice
If you would like to speak confidentially to our team of children lawyers, you can call 020 7993 2936 to schedule a no-obligation consultation or make a Contact Request here.
Please note, this guide has been prepared from the professional and personal experience of solicitors who are also parents and school governors. It is not intended to be a definitive guide to choosing a school.
Filed Under: Insight
There is violence in my relationship; what can I do?
Marriage is in trouble, but you don’t want to get divorced, can we just separate?
What is the process for applying for a child arrangements order?
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
What if my spouse refuses to accept the divorce?
Eligibility for divorce
You can get divorced in England or Wales if:
- you have been married for over a year;
- your relationship has permanently broken down; and
- your marriage is legally recognised in the UK.
Is surrogacy legal in the UK?
What is surrogacy?
Surrogacy is when a woman carries and births a baby for a person or couple who may be unable to conceive or carry a child themselves. The woman carrying the child is known as the surrogate and the couple or individual who will become the child’s parent are often referred to as the Intended Parent(s) (IP(s)).Is Private Financial Dispute Resolution a Good Idea?
You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
Should we go to Court or Arbitration to settle our Divorce?
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
Can I Change My Child Maintenance Payments?
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
How are Gender Recognition Laws Changing in UK?
Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
Break the Bias When Parents Separate
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
How are Divorce Laws Changing? “No Fault Divorce”
Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.
This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
Could Mediation Help you Resolve your Family Law Dispute?
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
Using a Child Contact Centre
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
Could a Co-Parenting App help you Stay Child-Focused?
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
Practical Ideas to Continue Contact with your Child
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
Could a Parenting Plan Help Your Child?
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
Five Steps to Keep Your Child’s Needs at the Forefront of Separation
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
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