Changing a child’s school placement following separation

Schools in Scotland reopened at the beginning of August following months of closure due to the Covid-19 lockdown. It has no doubt been difficult for many children to settle back into school following such a lengthy period outwith the school routine. It may be that there were issues with your child’s school placement prior to lockdown and you may be considering a change of school.

If you are a separated parent, what should you do if you wish to remove your child from their current school and enrol them in a different school?

You should consult with anyone else who holds parental rights and parental responsibilities in respect of your child regarding important decisions, such as the decision to enrol your child in a different school. Parents should not make unilateral decisions and no steps should be taken until the other parent has been consulted. If the other parent objects to the change of school then it would be possible to apply to the court for a Specific Issue Order for the court to decide if the change of school should take place. In reaching its decision, the court will have regard to a number of principles, with the welfare of the child being the paramount consideration. If a parent has reasonable concerns that the other parent will remove the child from their school without an agreement, they can write to the school to advise that they do not consent to the child moving school and so their school placement should not be withdrawn. It may also be possible to seek a court order, called an interdict, preventing the child from being removed from their school.

As always, getting good advice is essential. The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including separation, divorce, and child-related matters. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate. Whilst our offices are currently closed to clients, we are able to speak to you via telephone or video call.