As the school gates swing open for a new academic year, some separated or divorced parents may find themselves facing a difficult dilemma: the other parent wants to change the child’s school—and you don’t agree.
This decision can be emotionally charged and legally complex. Here’s what you need to know, and how to navigate it with clarity and confidence.
Parental Responsibility: Who gets to decide the school your child attends?
In the UK, both parents with parental responsibility must agree on major decisions affecting their child’s education—including changing schools. If both parents agree, the process is straightforward. But if there’s disagreement, legal steps may be necessary.
What happens if you can’t agree on the school your child attends?
If one parent wants to change the school and the other objects, the parent seeking the change may apply to the Family Court for a Specific Issue Order. This is a legal tool used to resolve disputes about a child’s upbringing, including education.
What the Court will consider:
- Reasons for the change: Why does one parent want the switch? Is it due to location, academic performance, bullying, or special needs?
- Child’s welfare: The court’s top priority is the child’s best interests. It will apply the welfare test, considering emotional, educational, and social impacts.
- Evidence from schools: Letters or reports from both the current and proposed schools may be reviewed.
- Efforts to resolve the dispute: Courts prefer that parents attempt resolution before seeking legal intervention.
Prohibited Steps Order: Blocking unilateral action
If you’re concerned the other parent might change the school without your consent, you can apply for a Prohibited Steps Order. This prevents them from making unilateral decisions about the child’s education.
Mediation: A first step before court
Before heading to court, parents are usually required to attend mediation—unless there’s a history of domestic abuse. Mediation involves a neutral third party helping both sides communicate and find common ground.
Tips for Parents
- Stay child-focused: Keep the conversation centred on what’s best for your child—not personal grievances.
- Document everything: Keep records of communications, school reports, and any concerns.
- Explore alternatives: Consider compromises like trial enrolment, dual registration, or phased transitions.
- Seek legal advice early: Don’t wait until the situation escalates—early guidance can prevent costly delays.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
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