With the new school year quickly approaching we hear from Claire Garside, Family Lawyer at Emsleys Solicitors, about the potential complications of school choice for separated parents.
For many parents there is a sense of relief and calm when discussing the return to school after the holidays. Having the house back to a semblance of normality and tidiness is a delight for many! However, many parents will be worrying about the choice of high schools at the start of the school year. Often an ordeal in normal circumstances, this may be further complicated in families where parents are separated, especially when different household locations and personal opinions come into play. Whilst many separated parents will have their own ways of handling conflict and disagreement, what happens when agreement can’t be reached?
From April 2024 this year there are now new guidelines for how parties should look to handle family matters, including child arrangements. This new legislation is called NCDR, also known as Non-Court Dispute Resolution. The aim of the new legislation is to ensure, where possible, that Court intervention is avoided. The main aim is to try and settle matters whether by mediation, Alternative Dispute Resolution (ADR), arbitration or other means of negotiation. The main aim is to try and ensure an early resolution of any issues between the parties.
Disagreements about schools for children is a hot topic for our Family team here at Emsleys Solicitors. Usually separated parents can look after their children in harmony, though conflicts can arise. With deadlines quickly approaching parents, and even guardians who may hold Special Guardianship Orders, should be aware of their position and next steps. Obtaining legal advice is often the best first step if disagreement has gone too far. Appointing a family lawyer who specialises in child matters is essential to get a fair outcome. It is common for court intervention to be required if an amicable decision cannot be reached via resolution or mediation. The courts ultimately have the power to make the decision in the best interests of the child and can decide independently with all information available.
Unfortunately, the crunch time is quickly approaching. Due to the vast amount of information required to make an informed decision, the Courts require time to consider all points. Courts will look at Ofsted reports and suitability and of course the wishes of the child. The deadline for court applications is currently the 31st of October to ensure this process can be completed in time.
At Emsleys Solicitors our team are here to help and advise on all child matters. All our lawyers are members of Resolution and follow their codes of conduct on mediation. For expert, confidential advice, our team are here to listen and provide solutions for your circumstance.
