A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the parental responsibility that the other parent holds.

Choosing a school for your child can be a stressful process. You may have researched what school you think is most appropriate for your child, and the other parent has chosen another one regardless. Or, you may have found yourself in a situation where your child has been removed from their current school and moved to a new one. You may also feel the new school is not in the child’s best interests, but what are your options?

If you have parental responsibility for your child, you and everyone else with parental responsibility are responsible for making important decisions surrounding your child, such as religion, medical and educational decisions. These decisions require the consent of all parties who hold parental responsibility.

What is parental responsibility?

Parental responsibility refers to all the rights, duties, powers, responsibility and authority parents normally have in relation to their children. It includes being consulted in relation to all major decisions in a child’s life such as education, religion, medical treatments and the change of a child’s name.

Do I have parental responsibility for my child?

A child’s mother will always have parental responsibility for her child.

If the child’s parents are married or in a civil partnership when the child is born, both of them will automatically have parental responsibility. If they aren’t, only the mother automatically has parental responsibility. A father can acquire parental responsibility by being named on the child’s birth certificate or being married to the mother at the time of birth.

My ex-partner has said they want to change my child’s school, what can I do?

If you don’t agree with the change of school for your child, you may be able to apply for a Prohibited Steps Order. This is an order which prevents someone from exercising an element of their parental responsibility.

You may have received notice of a Specific Issue Order. This means someone with parental responsibility has applied to court to resolve a specific issue, such as to determine what school your child will attend. If you do not give your permission, this is the only legal way to force a change without the permission of those with parental responsibility. The court will review the issue and come to a decision, considering the child’s welfare.

Contact Us

At George Green LLP our specialist Family Solicitors are experts in advising clients in respect of parental responsibility, specific issue orders and more generally in respect of the arrangements for children.    

Our expert Family Lawyers have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Penkridge, Halesowen, Birmingham and beyond.  If you complete our online enquiry form, a member of our team will contact you for an initial discussion.

Alternatively, you can call 01902 328 355 and speak to Aimee Stokes, who is a Solicitor based in our Wolverhampton office.