Who Decides Which School Kids Go To?

[nose]

Mother has 65% care and father has 35% care of son who is now 14.5 yrs old. Mother wants to change his school, kid doesn't want to. Father has not been consulted. Mother tells son it's none of his father's business, cause she is the "prime carer".

No formal child agreement is in place. The care arrangement was agreed to 2 years ago in mediation. The child is happy with the current care arrangement and thus father has not sought to change to honour his son's wishes.

Can the mother make the decision about schooling on her own or has the father got right to object legally?

 

[sammy01]

Oh this is fun... So has the place of residence changed? Can the kid continue getting to the school of preference? what has caused mum to make the change? Would son rather live with you, if it meant not changing schools?

More info is needed here...

 

[Nonfiction]

Can the mother make decision about schooling on her own or has the father got right to object legally?

If there are no court orders, both parents have ‘shared parental responsibility’. Unlike ‘Equal shared parental responsibility’, SPR operates as “joint and several” i.e. major long term decisions (includes school choice) can be made either together or unilaterally.

The father’s option would be to attend mediation (again), and if needed get a 60i and make an application to the Court. While unilateral decisions, in the absence of court orders, do not mean a parent has ‘contravened’ or ‘broken’ any rules per se, they can still be viewed negatively against a parent by the Court.

Your child is 14 1/2? I would suggest child inclusive mediation.

 

[thatbloke]

Once you find out the school I would simply be going in there and saying that you do not consent and that any enrollment should be rejected without your signature. I would also be letting the current school know the same. Seems a bit mental to change schools at 14.5, to be honest. It's worth a shot whilst doing what nonfiction says to do

 

[SamanthaJay]

Once you find out the school i would simply be going in there and saying that you do not consent and that any enrollment should be rejected without your signature. I would also be letting the current school know the same. Seems a bit mental to change schools at 14.5 to be honest. Its worth a shot whilst doing what nonfiction says to do

Obviously we don't know both sides - maybe the 14.5yo has been acting up in the current school, maybe he's hanging out with kids that the mother thinks is leading him astray, maybe he needs extra help and there is no funding at the current school or one of many other scenarios.

Would be in the mother's best interests to talk to dad of course because sounds like dad is only hearing the 14.5yo's side of the story.

 

[MartyK]

At 14+ years the child should be involved in the decision making process - I did not say he should make the decision.

Possibly telling father one thing - conversely his mother

 

[Nonfiction]

At 14+ years the child should be involved in the decision making process - I did not say should make the decision

Agree. If the child is oppositional to the change then it may affect their future progress...regardless of their current situation. Last thing you want is a child prematurely dropping out of school, or behavioural issues, if any, being exacerbated simply because parents “think” it’s a good idea (with no proper consultation with each other and the child). Besides if it went to court then the child’s views, at 14 1/2 would at least be taken into consideration (through a family report or the like)...