Lund Bennett Law is a family law practice established in 2012, with offices in Altrincham and Manchester. Services range from pre-nuptial agreements, surrogacy arrangements and cohabitation rights through to separation disputes, divorce, financial settlements and child disputes. Here, founder and leading partner Kirsten Bennett sets out the key issues to consider as separated parents navigate the transition from summer to the new school year.
Who has the legal right to make decisions about where the child will attend school?
Parents have a joint legal responsibility to make decisions about their child’s education if they each have parental responsibility.
If parents are unable to agree on the choice of school directly or through mediation, they should consider making an application to the Family Court under the Children Act 1989 for a ‘Specific Issue Order’. The Family Court can determine and make an order as to which school the child should attend.
How are additional school-related expenses (eg supplies, uniforms) handled?
Both parents are responsible for the living costs of raising a child, regardless of where the child lives. This includes necessary costs for school and extracurricular activities.
Child support payments are required by law and can be arranged privately. However, if this is not achievable, the government’s Child Maintenance Service will calculate and arrange a fixed payment schedule, payable until the child turns 16 or until they finish full-time secondary education. This service will also take action if a parent fails to make a payment.
How are medical decisions made if a child needs vaccinations or other health-related treatments for school?
It is common practice that, in the event of a dispute between the parents, a medical professional will not administer a vaccination or health-related treatment to a child without an order from the court. A parent will need to make an application to the court for a specific issue order under Section 8 of Children Act 1989. The paramount consideration of the court when determining such applications is the welfare of the child. In making these decisions, the courts are required to undertake a balancing exercise, taking into account all available evidence presented to them.