As the new school year approaches, many separated or divorced parents find themselves facing a tough question: what happens when we can’t agree on which school our child should go to?

Disputes over schooling can be emotionally charged, complex and often time critical. Education is a deeply personal topic, and parents may have differing views on what environment best supports their child’s development. Some may favour schools with strong academic performance, while others prioritise a more holistic approach that nurtures individual strengths. There is no one-size-fits-all answer, and every child has unique needs.

This is a common issue we help families with, and it can be stressful - especially when deadlines are looming and emotions are running high. If you’re in this situation, here’s what you need to know.

Who gets to decide where a child goes to school?

If both parents have parental responsibility, they both have a legal right to be involved in decisions about their child’s education. That includes choosing a school.

Parental responsibility is typically held by:

• Birth mothers
• Parents named on the birth certificate
• Parents in a civil partnership or marriage at the time of birth
• Individuals who have acquired parental responsibility through a legal agreement, court order, adoption, or special guardianship

What happens when parents disagree?

Disagreements can arise for many reasons. One parent may prefer a school with a particular educational philosophy, while the other may prioritise proximity or academic results. In some cases, one parent may submit an application without consulting the other.

Local authorities and schools are not able to take sides. If they receive conflicting information or an application without the agreement of all parties with parental responsibility, they may pause or reject the application until the matter is resolved.

How can you resolve a school place dispute?

If you’re stuck, there are a few options:

• Mediation - A neutral setting where both parents can discuss their preferences. Depending on the child’s age and maturity, their views may also be considered. It’s often quicker and less stressful than going to court.
• Specific Issue Order - If mediation doesn’t work, you can apply to the family court for a Specific Issue Order. This lets a judge decide on a particular matter - like which school your child should attend.
• Prohibited Steps Order - If one parent is making decisions without the other’s consent, you can ask the court for a Prohibited Steps Order to stop that from happening.
• Arbitration - In time-sensitive cases, arbitration may be a suitable alternative to court. This is a private form of dispute resolution where both parties agree to appoint an arbitrator to make a binding decision. It can be faster and more tailored to your circumstances.

It's worth noting that a court will not consider an application for one of these orders unless the parent applying has considered mediation first. It is also important to understand that just because you apply for one of these orders, it doesn't mean that the court will automatically rule in your favour.

Family courts will always consider a range of factors when reaching a decision about a child's school or school move, and the best interests of the child will always be their primary consideration.

The court will always put the child’s best interests first, looking at things like distance from home, the child’s needs, and - if they’re old and mature enough - their own views.

What should you do next?

If you’re worried about a school place dispute, here are some practical steps:

• Talk early: Try to discuss school choices well before application deadlines. Discuss the reasons for the change calmly and openly. Consider the child’s educational needs, emotional wellbeing, and practical logistics.
• Do Your Homework. Research the proposed new school thoroughly:
• Visit the school and speak to staff.
• Gather information about facilities, performance, pastoral care, and how it meets your child’s needs.
• Consider how the change will affect contact arrangements and travel
• Get advice: A family solicitor can help you understand your rights and options.
• Put it in writing: If you reach an agreement, make sure it’s documented.
• Don’t go it alone: Submitting a school application without the other parent’s consent can cause delays, rejection and impact your co-parenting relationship.

What are the application deadlines?

Applications open on different days in each local council area. Generally, primary school applications open in September each year and close on 15 January. Secondary school applications usually open on 1 September and close by 31 October.

Need help with a school place dispute?

We’re here to support you. Our family law team can guide you through your options and help you find the best solution for your child.