Can I prevent my former wife from enrolling our daughter at a new school?

Q. My former wife and I divorced in 2009. We have an eight year-old daughter who lives with my former wife but spends time with me every weekend.

My former wife has moved house recently and she has told me that she intends to enrol our daughter at a new school which is closer to the new home. While it may be more convenient I am concerned that my daughter may not do as well at the new school. She is doing very well at her current school and has many friends there. Is there anything I can do to prevent the move?

A. As both you and your former wife have parental responsibility, a decision such as a change of school cannot be made by one of you without the agreement of the other.

If you become aware that your former wife is making arrangements to change the school your daughter attends without your consent then you can apply to the court for a Prohibited Steps order. If the court makes this order it would prevent the school move from going ahead.

When deciding whether to make the order the court would consider what is in the best interests of your daughter. For the court to decide that the change should go ahead against your wishes, the court must be convinced that it is in your daughter’s best interests to move.

The court would consider the potential impact on your daughter and any potential advantages. It would consider the respective standards of the two schools and will look at recent OFSTED reports. It would also consider the distance to be travelled from home to school and whether it is practical for your daughter to stay at her existing school.

Your daughter’s own views will also be taken into consideration, although at eight years old the court may feel that her own views should not be given significant weight.

If you are aware that your child’s other parent is considering making such a decision against your wishes then it is important to seek legal advice urgently.

For more information on consent orders or to discuss any aspect of family law please contact Janine Hutson on 01772 258321.