With the new school year kicking off, many parents find themselves thinking about the practicalities of school pick up.
Questions often arise about who can collect a child, particularly where parents are separated or where step parent and extended family are involved.
In this article, Partner & Head of Family, Andrew Stynes outlines the rules around parental responsibility, school pick ups and steps parents can take to avoid confusion.
What is parental responsibility?
Parental responsibility is a legal term defined in Section 3 of the Children Act 1989 as follows:
'The rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'
It is defined as parental responsibility and not parental rights.
Who has parental responsibility?
‘A mother automatically has parental responsibility for her child from birth.
A father usually has parental responsibility if he’s either:
- Married to the child’s mother
- Listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)’
What are examples of parental responsibility?
Parental responsibility covers many important decisions in a child’s life, including,
- Choosing a child’s name.
- Making sure the child receives a suitable education for their age and deciding on the school.
- Deciding where the child lives.
- Consenting to and arranging medical care.
Separation does not usually affect parental responsibility. If both parents had parental responsibility prior to separation, they will both keep it. Wherever possible, separated parents should continue to make key decisions together.
You can read our dedicated article on parental responsibility here.
Can my ex pick my child up from school without my permission?
If your ex has parental responsibility, they can pick up that child from school.
However, there are circumstances where this can be restricted. A Child Arrangements Order may set out certain rules about:
- Who is responsible for collecting the child from school.
- Who the child lives with.
If your ex collects your child against the terms of the Child Arrangements Order, this could be a breach of the order.
You can find out more about Child Arrangement Orders in our previous article, here.
What if there is no Child Arrangements Order?
If there is no Child Arrangements Order, parents often rely on an informal agreement about when each parent spends time with the child.
Sometimes, one parent may go against this agreement. For example, they may collect the child from school on a day that is not their agreed day.
In this situation, the other parent can apply to the court for a Prohibited Steps Order. This order will restrict the other parent from taking certain actions.
How can a prohibited steps order help you
A Prohibited Steps Order can stop the other parent from acting without agreement. For example, it can restrict them from attending your child’s school when they are not due to collect them.
This gives parent peace of mind and ensures that school collections follow an agreed pattern.
Can my ex change my kids’ school without my permission?
No, your ex-can’t change your kids’ school without your permission.
When both parents have parental responsibility, important decision about your child’s education must be made together. This means neither parent can make the decision to move the child to another school, alone.
However, anyone with parental responsibility can make decisions they believe are in the child’s best interests. If parents cannot agree on which school their child should attend, they may need to go to court for a decision.
What happens if divorced parents can’t agree on a school?
It is common for parents to disagree about important issues, such as,
- Education
- Medical treatment
- Other aspects of a child’s welfare.
If an agreement cannot be reached, the first step is to usually try mediation with a qualified mediator. To see if a resolution can be found without going to court.
You can find out more about our professional mediation services here.
In the case a resolution is not found parents can then make an application to the court for a:
- Specific Issue Order – asking the court to deal with a particular issue in dispute; or
- Prohibited Steps Order – being an order that prevents one party from doing something.
Specialist Family Solicitors
At Frettens, we understand that everyone’s circumstances are different.
Our bright & experienced Family Team are happy to talk to you to gain a better understanding of your situation and provide you with some more tailored advice and support.
We offer a free initial chat with one of our lawyers for all new clients. You can call us on 01202 499255 or by filling out the form.
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