What Can We Do If We Don’t Agree on Our Child's Education

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Lorraine Harvey

Partner, Family Law

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If you cannot agree arrangements for your children’s education, you can apply to the Court for a Specific Issue Order (SIO). A SIO gives directions for a specific question that has come up, or may come up, about any aspect of parental responsibility for a child, such as which school they go to.

The Court can address the issue of whether or not a child should remain in their current school or move to another preferred school or be home schooled.


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How Will the Court Decide on my Child’s Education?

When an application is made, the Court will consider the parents’ opinions and the best interests of the children.

The child’s welfare is the Court’s paramount consideration. The Court consider the Welfare Checklist, which takes into account:

  • The wishes and feelings of your child, depending on their age
  • Your child’s physical, emotional and educational needs
  • The likely effect of any change in their circumstances
  • Their age, sex, background and any characteristics that the Court considers relevant
  • Any harm that your child may have suffered or is at risk of suffering
  • How capable each of you are as parents, and any other person in relation to whom the Court considers to be relevant of meeting their needs, for example a grandparent
  • The range of powers available to the Court under this Act in the Court proceedings

If you and your child’s other parent don’t agree with your child being vaccinated or your child being home schooled, we understand the difficult position you’re in. Our Child Law Solicitors can stand by you to come to an agreement about your child’s education and give you expert legal advice about a Specific Issue Order if you need it. Get in touch today.

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