As parents and children alike get ready for the return to school I ask the question what if parents cannot agree on where the child or children should go to school or other educational issues.
In short if parents cannot agree and mediation is either unsuccessful or not an option then an application may need to be made to the Court for a specific issue order. The Court will determine what is in the child or children’s best interests and make a decision on that basis.
The child’s best interests will be determined in line with the welfare checklist which is set out in Section 1 of the Children
Act 1989 and states the following:
1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
2. his physical, emotional and educational needs
3. the likely effect of any change in his circumstances
4. his age, sex, background and any characteristics of his which the court considers relevant
5. any harm which he has suffered or is at risk of suffering
6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
7. the range of powers available to the court under this Act in the proceedings in question.
Of course, it is always better if parents can come to a decision between themselves and look to negotiate and co-operate in relation to education and other important decisions but sometimes this is just not practical or possible.
Separately, if there is a dispute about who should pay the school fees of a child then it is possible to obtain a school fees order in this regard. This would require a separate application to Court.
James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.
We can also advise on Schedule1 Children Act 1989 applications.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email firstname.lastname@example.org
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