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Parental Responsibility and School Decisions
Resolving Disagreements Between Separated Parents
Financial Responsibilities for Schooling
Moving Forward and Legal Considerations
PacisLexis Family Law
Separated parents choosing school
Deciding on a school for a child can be a complex issue for any parent, but when parents are separated, the process can become even more challenging.
In France, choosing a school for a child involves not only practical considerations but also legal obligations.
Choosing a school for a child is one of the most significant decisions that parents make, and it becomes even more complex when parents are separated. In France, as in the UK, both parents must share the responsibility and agree on their child’s schooling. If disagreements arise, mediation is the preferred first step, but court intervention may be necessary if no agreement is reached. Financial responsibilities, parental rights, and the child’s best interests must all be considered carefully in these situations.
Ultimately, working together, seeking professional advice, and prioritising the child’s well-being can help separated parents make the best decisions for their child’s education, no matter the complexities of the family situation.
Struggling with school decisions after separation? Let PLFL guide you through the legal process and help resolve disagreements for your child’s best interest.
Separated parents choosing school
Parental responsibility and school decisions
What is parental responsibility?
In both France and the UK, parental responsibility refers to the legal rights and duties a parent has over their child’s upbringing.
This includes decisions about education, health, and overall welfare. Both parents typically share parental responsibility unless one parent’s rights have been limited by a court order.
Which parent decides where a child goes to school in France?
In France, both parents with parental responsibility must agree on major decisions affecting their child’s life, including where the child goes to school.
If both parents share parental responsibility, one cannot unilaterally decide to change the child’s school without the other’s consent.
This is similar to the UK, where both parents must also agree on the school decision if they share parental responsibility.
Can you change schools without the father’s/mother’s consent?
No!
In both France and the UK, changing a child’s school without the other parent’s consent, when they share parental responsibility, is not allowed.
If one parent makes such a decision unilaterally, the other parent can challenge it legally.
What happens if separated parents don’t agree on a school?
In France, if parents disagree on the choice of school, they may need to seek mediation or take the matter to family court, which will decide based on the child’s best interests.
Similarly, in the UK, courts can be involved if parents cannot agree on schooling.
Do both parents have to agree to homeschool?
Yes!
Both parents must agree if they wish to homeschool their child, whether in France or the UK. If one parent objects, the matter may need to be resolved through mediation or court.
Separated parents choosing school
Resolving disagreements between separated parents
What to do if the other parent disagrees when choosing a school in France?
In France, if the parents disagree about the choice of school, they can first try to resolve the conflict through negotiation or by consulting an educational professional.
If that fails, mediation is recommended. Mediation provides a neutral space where both parents can discuss their concerns with the help of a professional mediator.
Can we consider mediation to solve the issue?
Yes!
Mediation is a widely recommended approach in both France and the UK when separated parents disagree about major decisions like schooling.
It allows both parties to reach an amicable solution without going to court, which can be more time-consuming and stressful.
To learn more about mediation, read this article:
What are the legal proceedings if there’s disagreement about school in France?
If mediation fails, one parent can take the dispute to family court in France.
The judge will evaluate the situation, including the child’s well-being, both parents’ wishes, and the child’s needs before deciding.
In the UK, the process is similar, with courts stepping in to decide based on the child’s best interests.
What happens if we can’t agree over schools?
When separated parents cannot agree on which school their child should attend, it may lead to legal action.
In France, a family court can decide which school is in the best interest of the child.
In the UK, the same situation may result in a “Specific Issue Order,” where the court decides on the school.
Separated parents choosing school
Financial responsibilities for schooling
Who is paying school fees when separated?
In France, if the child attends a private school with tuition fees, both parents are responsible for contributing to the cost unless a court decides otherwise. This can be negotiated as part of a broader agreement on child support.
In the UK, private school fees are also considered during child support negotiations, and the court may order one or both parents to contribute.
Can a parent take a child out of school?
In France, a parent cannot unilaterally take a child out of school without the other parent’s consent. The child’s education is considered as a fundamental right and disrupting it without agreement is viewed seriously by French courts.
Doing so can result in legal consequences, especially if it disrupts the child’s education. The same applies in the UK, where both parents with parental responsibility must agree to such decisions.
Do both parents have to agree to a scholarship or bursary decision?
Yes!
Both parents must agree on significant educational decisions, including scholarships or bursaries. If one parent disagrees, the matter can be brought to mediation or court.
Separated parents choosing school
Moving forward and legal considerations
When moving home, is changing school compulsory?
In France, moving to a new area does not automatically require a change in school, but it often becomes a practical necessity.
Parents must agree on the new school, or the court may decide.
In the UK, moving home can also lead to a change in schools, but it requires mutual consent if both parents have parental responsibility too.
Can you give up your parental rights in France?
In France, giving up parental rights is a rare legal action that usually only occurs in extreme cases, such as adoption by a stepparent.
Both parents are expected to share responsibility unless the court removes one parent’s rights. The UK has a similar system where parental rights can only be removed by a court.
What are school duties when parental disagreement occurs in France?
Schools in France are generally expected to remain neutral when parental disagreements arise. If a school is informed of a legal dispute between the parents, they may request clarification from the court on how to proceed. Schools should not make decisions on behalf of one parent without the consent of the other.
In the UK, schools also stay neutral but will act according to any court orders regarding the child’s education.
How to tell a change in school to a child?
It is essential to approach the topic of a school change with care.
In both France and the UK, child psychologists recommend that parents explain the decision calmly and positively, focusing on the benefits of the new school.
Both parents should ideally discuss the change together with the child to provide reassurance.
To help you
and to care
PacisLexis Family Law
Unsure about your rights when choosing a school after separation?
Contact PacisLexis Family Law for expert legal advice and support to protect your parental responsibility.
Facing a disagreement over your child’s school? PacisLexis Family Law’s experienced family law team can help you navigate conflicts and reach a fair resolution. Get in touch today!
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