Simon Walker from Mogers Drewett solicitors considers the process for separated parents to choose the best school for their children
Separated parents with children who are at school will often need to make decisions about secondary schools.
With secondary schools varying so much and parents having access to league tables, choosing schools for children is hard enough, let alone if you are no longer together with the other parent.
Schools are selected by parents on the basis of school’s ethos and attention to certain types of ability (whether that is traditional academic subjects, arts or sport and on the basis of their religious affiliation.)
If you are unable to agree as to what type of education you think is right for your child, then having an informal discussion with your child’s teacher could be useful.
Insight into how others see your child’s strengths and weaknesses, and what drives them at school, could help to determine what environment your child will thrive in and therefore what school would suit and benefit them.
Mediation
If having discussed matters with your child’s teacher you are still not able to agree with the other parent as to what would suit your child in relation to their education, then you could consider mediation or family counselling. Both will assist you and your ex-partner to consider and discuss the various options available to you and hopefully allow you to choose a school for your child, which would be best for them.
It is worth noting here that as your child is approaching 12 their wishes and feelings will need to be considered in the decision making process and many counsellors and mediators have the ability to meet with your child and help them in expressing their views.
If you are still unable to agree, then either party can make an application to the court for a specific issue order. Parents involved in these disputes will often cite school tables as a way of asserting their position. However, the court will be reluctant to suggest one school in the community is better than the other.
The court is only interested in what is in the best interest of the child and, more importantly, it will consider the child’s wishes and feelings over any aspirations of the parents.
Geographical distance
The situation is made more difficult when disagreeing parents do not live near each other. A geographical distance between separated parents will mean that it is no longer feasible for the child to live or share their time between both parents.
In this situation, the child will need to attend school and live with one parent, while also continuing to have contact with the other. The decision as to which parent a child will live with will not be made on the basis of who lives near the best school but which is the most appropriate parent to look after the child.
For more information, you can contact Simon at 01225 750000 and email hidden; JavaScript is required