Parents Disagree on a Child's School: Who Decides?

Who decides: it depends on custody

Under the Law Reform (Marriage and Divorce) Act 1976, the court can give custody to one parent (sole custody) or to both (joint custody). This decides who has the say on big matters like school.

Section 89 of the Act says the parent given custody decides questions about the child’s upbringing and education, subject to any conditions in the order. The order itself can set conditions on how the child is educated.

With sole custody, that parent can generally choose the school without the other’s consent. The other parent keeps access but usually has no say in these decisions. The choice must still be in the child’s interests.

With joint custody, both parents decide together. If you cannot agree, either of you can ask the court to decide.

What if neither of you will give way?

Either parent can apply to court under the Act or the Guardianship of Infants Act 1961. The court can make specific orders about the child’s education.

You file an application with an affidavit (a sworn written statement) giving reasons for your preferred school, such as teaching quality, location, the child’s friendships and continuity. The other parent can reply with their own affidavit.

A welfare officer may be asked to look into it. They may visit both schools, speak to both parents and, where suitable, to the child. Their report gives the court an independent view.

What does the court look at?

Under Section 88 of the Act, the child’s welfare comes first. The judge looks at:

• the quality of teaching at each school
• the distance from each parent’s home
• how the child is doing at school now

Continuity matters. If the child is settled, doing well and has friends, the court may not want to disrupt that. A move mid-year or near major exams may be seen as against the child’s welfare.

The court also looks at cost. If one parent wants a private school, it asks whether you can both afford the fees and who will pay. The child’s practical needs count more than either parent’s preference or a school’s prestige.

Can your ex move the child to a new school alone?

It depends on custody. A parent with sole custody may be able to, though it is good practice to tell the other parent. Under joint custody, doing it without consent can be challenged in court.

If it has happened, you can apply for an urgent order. The court may order the child to stay at the current school until the case is heard. Act fast: the longer the child is at the new school, the harder it is to undo.

Courts dislike parents who act alone to present a done deal. The court expects parents to cooperate on big decisions about their child.

What should you do now?

Try to agree first, by talking or through mediation. Courts look well on parents who try to cooperate, and a mediator or your lawyers may settle it without a hearing.

If that fails, prepare before you apply. Collect details on both schools:

• exam results and facilities
• distance from each parent’s home
• your child’s own views, if they are old enough

Clear evidence persuades more than general claims.

Looking to engage a divorce lawyer? If you are unsure who can choose your child’s school or how to challenge a decision, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.