Following a relationship breakdown, it may not be easy to agree on matters concerning your child or children and you may have thought about the following:
‘What happens if a school cannot be agreed?’
‘Do I need permission to take my child abroad?’
These are common questions which parents consider when adapting to looking after their children in two different households following a separation.
Agreeing on a school
One parent should not unilaterally change a child’s school without first seeking the consent of the other parent, who holds parental responsibility. However, the time may have come to decide which primary school or secondary school your child should attend, and this can include both state or public schools.
Provided both parents have parental responsibility they will need to be in agreement with their child attending a specific school. Direct conversations should be had to try to reach an agreement and if that is unsuccessful parents should consider engaging in mediation and/or seeking legal advice.
If an agreement still cannot be reached, it may be necessary to apply to the court for a Specific Issue Order under Section 8 of the Children Act 1989 to determine which school the child should attend. Parents will need to engage in mediation before an application can be made.
If one parent does apply for a Specific Issue Order, the court will list the matter for an initial hearing and directions will order for example, for both parents to provide statements to address the issues the court needs to consider. The court can also instruct CAFCASS to assist especially in circumstances where the child/children are older, and it is appropriate for the court to consider their wishes and feelings.
Parents can still try to reach an agreement during proceedings, but in the event, they still cannot reach an agreement the court will ultimately make a decision as to what school the child should attend.
Consideration of a child’s school should be sought early on to avoid any difficulties arising if an agreement cannot be reached. Time should be allowed if one parent does need to apply to court.
Taking a child abroad
When booking a holiday to take your child abroad, similar principles apply as above. If there is no Child Arrangements Order in place, then permission should be sought by the other parent who has parental responsibility before booking or taking your child outside the jurisdiction.
If the other parent, however, is not in agreement or will not provide their consideration to allow you to take your child or children abroad, then it is also open to you to make an application to the court for a Specific Issue Order. The court will then determine whether permission should be allowed. The same principles as above apply and parents will be required to attend mediation in advance to try to agree on matters.
The court will consider all the circumstances of the case, including the welfare checklist under S1(3) of the Children Act 1989, but it is not guaranteed that a court will order permission for the parent applying to take the child abroad. Each matter is considered on a case by case basis.
If there is a Child Arrangements Order in place which provides for a ‘lives with order’ then the parent(s) with that order are able to take the child or children outside of the jurisdiction for up to a minimum of 28 days. It is however still useful to discuss with the other parent and have an agreement if any holidays are to impact on the time that the parent has the child or children.
How can Tozers help?
We would advise that if an agreement cannot be reached in respect of either choosing a school or taking your child abroad you do seek legal advice at the earliest opportunity.
There are other situations which are not covered within this article and if you are unsure of whether you can or should be applying for a Specific Issue Order, please get in touch and one of our team will be happy to assist.
