What Can I Do If We Don’t Agree on Our Child's School?

Lorraine Harvey
Partner, Family Law

Most secondary schools returned to school last week, and the Government is about to make an announcement about rolling out further vaccination programs. If you find yourself in a position where you don’t agree either with your child being vaccinated or your child being home schooled, then you should get specialist legal advice from a Family Law Solicitor.

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12-15 Year Olds to Be Offered Covid-19 Vaccine

There was a lot of press over the weekend recommending vaccinating children between 12-15 years against Covid-19.

The Joint Committee on Vaccination and Immunisation (JCVI) have reviewed the evidence of vaccinating children in this age group who don’t have underlying health conditions that would put them at increased risk from severe Covid-19. And the Government believes there is a ‘strong case’ for offering the vaccine to healthy 12-15 year olds to reduce disruption in schools and keep infection rates down.

Laurence Fox who shares two children with former wife, Billie Piper, has hit the headlines, this time in relation to the ‘anti vax row’. He is suggesting he will take his children out of school if vaccinations are rolled out for 12 year olds, saying he fears they will have the Covid jab without his expressed permission.

If the vaccination program is rolled out for children of this age group, then it could cause potential problems when both parents don’t agree that the child should be vaccinated. Some parents are even threatening to home school their children.

But what happens if you cannot agree on home schooling?

What If We don’t Agree on our Child’s Education?

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.

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 mayhave 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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