The law expects parents to work together to decide which
school is best for the individual child. If parents can’t agree, then one of
the parents must make a Specific Issue application to the court. Ultimately if
the parents cannot agree then the judge will decide taking into account the
welfare checklist from the Children Act which school is in the child’s best
interests. The court process can be expensive and stressful so the law says
that most parents must try mediation before going to court.
We recommend that you have this conversation with your ex as
soon as you think it may become an issue as it can take up to one year,
sometimes longer, to obtain a decision from the judge.
If you have any questions about your recent separation or about divorce, you can telephone Kate Lovegrove direct on 01892 506 205 or 01732 224 025. Kate is an Associate Solicitor & Mediator in the family team and is based in our Tunbridge Wells and Kings Hill office.