When separated parents disagree about important decisions for their child, the law provides a mechanism to resolve those disputes. One of the most common areas of disagreement is which school a child should attend. If parents cannot reach agreement, either can apply to the family court for a Specific Issue Order.
As experienced family law solicitors in Cardiff and Bristol, we regularly advise parents on disputes involving education and school choice.
What is a Specific Issue Order?
A Specific Issue Order is a type of court order under Section 8 of the Children Act 1989. It is designed to determine a particular aspect of a child’s upbringing when those with parental responsibility cannot agree.
Common examples include:
- Which school a child should attend.
- Whether a child should transfer from one school to another.
- Whether a child should be educated privately or in a state school.
- Medical treatment, religion, or overseas travel.
Do I Need a Specific Issue Order?
If both parents share parental responsibility, one parent cannot unilaterally change a child’s school without the other’s consent. Schools will usually require signatures from both parents before actioning a transfer.
If discussions break down and mediation is unsuccessful, a court application may be the only way forward. In these circumstances, our family law solicitor in Cardiff or one of our family law solicitors in Bristol can guide you through the process.
How Does the Court Decide a Specific Issue Order?
The court’s paramount consideration is always the child’s welfare. The judge applies the welfare checklist in Section 1(3) of the Children Act, which considers:
- The child’s wishes and feelings (depending on age and understanding).
- Their physical, emotional, and educational needs.
- The likely effect of changing schools on the child.
- The child’s age, sex, background, and other relevant characteristics.
- Any harm they have suffered or are at risk of suffering.
- How capable each parent is of meeting the child’s needs.
Practical matters also play a role, such as proximity to each parent’s home, continuity of education, and the availability of extracurricular or special educational support.
How Do I Apply for a Specific Issue Order?
- Mediation – Parents are generally required to attempt mediation before applying.
- Application (C100 form) – The parent applies to the court for a Specific Issue Order.
- CAFCASS involvement – A court welfare officer may speak with the child and provide a report.
- Court hearing – Both parents present their case. Upon the submission of evidence, the judge makes a decision.
Frequently Asked Questions
Can one parent change a child’s school without the other parent’s agreement?
No. If both parents have parental responsibility, neither can change the child’s school without the other’s consent.
What happens if we cannot agree on a school?
If agreement cannot be reached, the matter can be decided by the family court through a Specific Issue Order.
How long does it take to get a Specific Issue Order?
Timescales vary depending on the court’s availability, but applications typically take several months from start to finish. Mediation can sometimes resolve matters more quickly.
Does the court listen to the child’s wishes?
Yes. Depending on their age and understanding, the court will consider the child’s wishes and feelings, often with input from CAFCASS.
Do I need a solicitor for a Specific Issue Order?
Whilst you can apply without legal help, it is always advised to instruct a solicitor to ensure the application is prepared correctly and to present their case effectively. Our family law solicitors in Cardiff and Bristol can represent you throughout.
Will the court always side with the parent who wants a private school?
Not necessarily. The court looks at what is in the child’s best interests, considering financial affordability, continuity of education, and welfare factors rather than either parent’s preference.
How We Can Help
Disputes about schooling are often emotionally charged. Our family law solicitors in Cardiff and Bristol have extensive experience helping parents resolve disagreements and, where necessary, guiding them through the court process.
If you are facing a dispute about changing your child’s school, please get in touch with our family law solicitors in Cardiff or speak to one of our family law solicitors in Bristol for advice tailored to your circumstances.
