Parenting decisions after divorce
How do we make decisions about schooling and other important things now that we are separated?
Parental responsibility (see What is 'parental responsibility'?) is not affected by the separation of the parents. Matters such as how to split school holidays when divorced or separated and arranging holidays require planning and open communication. So, even though you have separated, you need to continue to reach an agreement with the other parent if you wish to change your child's school, or take any other important decisions about your child's life (other examples being if you wish to move to a different area of the UK or you wish to move abroad, if you want your child to have a medical procedure or religious ceremony, or if you want to change your child's name).If, however, you are unable to reach an agreement with the other parent, then you can apply to the court (but see also Do I have to go to court to decide where our children will live after divorce or separation?). This is a court order which makes a decision about a specific issue that has arisen in relation to the upbringing of a child, for example whether they should stay in their current school.
Conversely, where an agreement cannot be reached and the other parent is worried that you might act without their agreement (for example, change the child's school without permission) then the other parent might apply to court for a 'prohibited steps order'. This prevents a parent from taking a specific action without the consent of the court. A prohibited steps order is the opposite of a specific issue order, so a specific issue order might give you permission to remove your child from their current school, whereas a prohibited steps order might prohibit you from removing your child from their current school.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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