Angela Moores
Formerly of Jarvis Family Law, Harrogate
Family & Divorce Solicitors Harrogate,Oldham,Ashton under Lyne,Stockport Menu

Back to School - but which School?

Back to school but what if you cannot agree which school?¾ Decisions are often difficult for separated parents who have their own ideas, their own agendas,choosing a school their own budgets or their own preferences.¾ Deciding which school a child should attend - private or state one Ofstead preferred school or another can be difficult and at times can be a dispute incapable of resolution between parents.

Generally all parents have parental responsibility for their children, whether married or not, and that means major decisions in a childês life, such as choice of school, medical treatment, or religion have to be made jointly.¾ When parents are separated that can lead to disagreement.

In the case of dispute parents might initially consider mediation as a means to trying to resolve the dispute.¾ Where that is not successful, (or where mediation is not suitable), one or other parent can apply to the court for a specific issue order under the Children Act 1989 for the court to resolve that dispute.

A specific issue order can address many issues arising between parents in connection with their exercise of parental responsibility. Choice of school is just one example.¾ Others might include whether or not to have a child christened, whether a child should undergo a certain medical procedure, or even whether a child should go on holiday abroad with the other parent.

The courtês role will be to determine what is in the best interests of the child.¾ Neither parent has any rights.¾ The court is only interested in what is best for the child.¾

An experienced solicitor has often seen disputes of this type before.¾ We can usually advise as to the likely outcome of any such application to the court thus avoiding unnecessary and sometimes expensive proceedings.¾ We can often negotiate a way forward which comprises the dispute so that the child is not prejudiced but both parents take some benefit from the outcome.

In case of such disputes concerning a child early advice is beneficial.¾ All our initial meetings are at no charge and we might avoid unnecessary confrontation between parents or uncertainty for a child.

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