The school choice, or the selection of a school that meets the specific needs and concerns of the child, is a particular challenge.
In recent years, the enrollment formalities have greatly increased, requiring the child to be registered with various schools directly or through various platforms. In this process, several preferred schools must be indicated, whether in a specific order or not. In short, it has become quite a challenge to make an informed decision regarding school choice.
This challenge appears to be even greater in practice for parents who are separated.
Often, parents cannot agree on the school choice and which schools are most suitable for their child. Many factors can lead them to prefer different schools, such as specific support offered for the child’s special needs, the school’s curriculum and geographical distance, as well as the cost associated with non-subsidized education, before and after-school care options, and so forth.
In the following, we provide an overview of the relevant legal articles and possible action points in case of persistent disagreement.
School choice is a matter concerning parental authority. Unless a family court decides otherwise, parental authority is jointly exercised by both legal parents. This means that they make all important decisions concerning health, upbringing, education, the manner of recreation, and religious or philosophical choices together.
Where the child will attend school is, therefore, a decision that belongs to both parents, given the joint exercise of parental authority.
When parents are separated and share joint parental authority, they must jointly decide about their child’s school choice. This means that both parents must agree on the school their child will attend. If parents cannot agree on the school choice, this can lead to a conflict that ultimately must be decided by the court.
Mediation or procedure
In cases where parents disagree about their child’s school choice, attempts are initially made to settle the dispute outside of court through mediation.
A mediation process can help parents reach a solution in the best interest of the child without the intervention of a judge.
A mediator will spend extensive time listening to each parent’s viewpoints and concerns and trying to persuade them to reach an agreement. The advantage of mediation is that ample time can be taken to consider the pros and cons of specific schools and creative solutions can also be found. The parents make a decision together regarding the school choice, which will strengthen their relationship and not unnecessarily jeopardize it, as may be the case with a procedure before the family court.
If mediation proves unsuccessful, one of the parents can initiate proceedings in the family court. The judge will then assess the case and make a decision based on what he or she considers to be in the best interest of the child.
An important factor in such a procedure is the conversation between the family judge and the child, as well as the child’s wishes.
Other factors that may be taken into account when resolving a school choice include the geographical location of the school and travel time to and from the school, public transportation or cycling options, as well as the quality of education and care.
Conclusion
A child’s school choice can be a source of conflict between separated parents, but the law does provide a framework for resolving such disputes. Parents who exercise joint parental authority must together make the decision about their child’s school choice. If they cannot agree on this, the court can ultimately make a decision in the best interest of the child.
Mediation can be a useful first step in resolving a conflict before legal steps are taken. If you would like more information on this matter, you can always contact Auguste Mediation.
