Which School Should We Choose For Our Child?
Around this time of the year, often an issue that separated parents face is deciding what school their child should attend. This is a big decision in your child’s life, and it is important to start the discussions with the other parent as early as possible and even have a look all the potential schools together to see if an agreement can be reached.
There are several issues that need to be considered when determining which school your child should attend, including whether or not you live in the catchment area for that school and whether there is a place for your child at your choice of school.
If there is a disagreement between you and the other parent, then ideally you should try and resolve matters via mediation to save the expense, delay and hassle of going through the Court. However, if an agreement cannot be reached at mediation or via other methods of alternate dispute resolution, then you need to consider carefully what you want the Court to decide on.
Given this is a specific issue you want the Court to determine, then you will need to make an application to the Court for a Specific Issues Order and ask the Court to decide which school your child should attend. You may feel it is necessary to apply for a Prohibited Steps Order, these orders can prohibit the other parent from changing the child’s school.
A Specific Issues Order (SIO) is a legal mechanism under UK family law, specifically provided for by Section 8 of the Children Act 1989. It allows the court to make decisions about a specific aspect of parental responsibility or a particular issue concerning a child’s welfare when parents or guardians cannot agree.
A Prohibited Steps Order (PSO) is another legal mechanism under UK family law, provided for by Section 8 of the Children Act 1989. It is designed to prevent a parent or guardian from taking specific actions regarding a child’s upbringing without the court’s consent.
There are however often a few misconceptions when it comes to how parents may choose the school which their child should attend. Here are some of the common myths:
I am the parent that the child lives with so I do not need to consult the other parent.
This is incorrect. If you have “Parental Responsibility” (PR) for your child, you have a say in which school your child should go to, this is regardless of who the child lives with.
The Court can order for my child to attend a school outside of the catchment area.
It is often a misconception that the Court can order for a child to attend a school outside of their catchment area. The Court will not make an order directing the Local Authority to change their standard policies and procedures regarding school admission.
Both parents can make separate applications for the same child’s school admission, to the same or different local authority.
In our experience if both parents make applications, the local authority is able to quickly identify that two applications have been made for the same child. As a result of this the Local Authority will subsequently put both applications on hold until an agreement can be reached, or an order is made by the Court. However, if this is not done within the Local Authorities deadlines for school admissions, your child may be at risk of not having either application processed. This can result in your child not getting a place at a school in their catchment area, especially if the school is oversubscribed.
The Court will deal with my application urgently.
If you make an urgent application to the Court regarding your child’s schooling, the Court may not deal with your application urgently. This is because the family Court already has very long lists of cases and the Judge considering your application may not feel your case is urgent (compared to the other cases before the Court). This can cause a delay in your court application being processed and potentially not being heard before the deadline provided by the Local Authority.
Conclusion
If you and the other parent are having issues, it is important that you discuss this before the school admissions process starts. If an agreement can be reached, then only one parent needs to make an application for the child. If an agreement cannot be reached (either via solicitors or mediation), then you will need to make an application to Court as soon as possible.
When considering such applications, the court’s paramount concern is the welfare of the child in question, and any order made will be based upon what the court considers to be in the child’s best interests. Some of the factors the court will consider are the wishes and feelings of the child (dependent upon their age and understanding), their physical, emotional, and educational needs, the likely effect of any change of school upon them, their age, sex and background – and any harm that the child may be exposed to.
Given that the requirements are met (so the school is in your catchment area or is a school offered to your child by the Local Authority) for more than one school, the Court will decide which school your child should attend. Please note the Court cannot order a school to give your child a place.
The Court will look at why you want your child to go to the school of your choice, as well as information about the school including the Ofsted rating, how close the school is to where the child lives, what other attachments the child has to that particular school (such as friends, siblings, cousins that already attend the school or will be attending). Once the Court has decided on the school, the application can then be made for a place at that school. Your child must attend the school ordered unless both parents agree on an alternative or the Court makes a further Order.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
How Has the Cost of Living Crisis in the UK Affected Divorcing Couples?
The cost of living crisis in the UK has profoundly impacted various aspects of life, including the emotional and financial dynamics of divorcing couples. As inflation rises and household budgets are stretched thin, the complexities of divorce become even more challenging. Here, we explore how the economic strain has reshaped the landscape for couples navigating the end of their marriages.
Financial Strain and Legal Costs
One of the most immediate effects of the cost of living crisis on divorcing couples is the heightened financial strain. Legal fees for divorce can be significant, and with the increasing cost of living, many couples find it harder to afford these expenses. Solicitors, mediators, and court fees all add up, often leading couples to delay proceedings or seek more cost-effective alternatives such as DIY divorces or online services.
The financial burden does not end with legal fees. Divorcing couples must also grapple with the division of assets, which is complicated by fluctuating property values and inflation. For instance, the value of a shared home may have decreased, reducing the equity available for division. Conversely, increased mortgage rates can make it challenging for one party to buy out the other, leading to prolonged disputes and financial uncertainty.
Housing Challenges
Housing is one of the most significant concerns for divorcing couples, and the cost of living crisis has exacerbated this issue. With rental prices and mortgage rates on the rise, finding affordable housing becomes a daunting task. For many, the prospect of maintaining two separate households on the same income that previously supported one is daunting. This often forces one or both parties to downgrade their living arrangements significantly, which can be a tough adjustment, particularly if children are involved.
In some cases, couples are forced to remain living together even after deciding to divorce, simply because they cannot afford to move out. This can lead to increased tension and conflict, making an already stressful situation even more unbearable.
Impact on Children
Children are often the most vulnerable in a divorce, and the cost of living crisis adds another layer of complexity to their well-being. Parents may find it difficult to maintain the same level of financial support, leading to changes in lifestyle and potentially reducing opportunities for extracurricular activities, vacations, and other non-essential expenditures that enrich children’s lives.
The financial instability can also affect arrangements for child maintenance and support. With the cost of everyday essentials rising, non-custodial parents may struggle to meet agreed-upon payments, leading to legal disputes and emotional strain. Custodial parents, on the other hand, may face increased pressure to cover additional expenses, adding to their financial burden.
Increased Tensions and Mental Health
The stress associated with the cost of living crisis can exacerbate tensions between divorcing couples. Financial difficulties are a significant source of conflict in marriages, and these issues do not disappear during divorce. In fact, they often intensify, as couples negotiate the division of debts and assets under tighter financial constraints.
This heightened stress can take a toll on mental health. Anxiety, depression, and other mental health issues are common during divorce, and the added pressure of financial insecurity can worsen these conditions. For some, the combined stress of divorce and financial instability can lead to a sense of hopelessness and despair, affecting their ability to cope with the demands of the process.
Navigating the Crisis: Practical Advice
While the cost of living crisis presents significant challenges for divorcing couples, there are practical steps that can help manage the situation more effectively:
- Seek Mediation: Mediation can be a more cost-effective and less adversarial alternative to traditional divorce proceedings. Mediators can help couples reach mutually agreeable solutions, potentially reducing legal fees and emotional strain.
- Financial Planning: Engaging a financial advisor can help both parties understand their financial situation and plan for the future. Advisors can provide guidance on budgeting, asset division, and managing debt, which is crucial in a time of economic uncertainty.
- Explore Housing Options: Researching alternative housing solutions, such as shared accommodations or living with family temporarily, can alleviate some of the financial pressures. It’s important to consider all available options to ensure both parties can secure stable living arrangements.
- Prioritize Mental Health: Seeking support from therapists or counsellors can help manage the emotional toll of divorce and financial stress. Mental health professionals can provide coping strategies and support systems to navigate this challenging period. Importantly – look after yourself!
Mediation is a process in which a neutral third party, known as a mediator, assists divorcing couples in negotiating and reaching a mutually acceptable agreement. The mediator does not make decisions for the couple but facilitates communication and helps them explore options and solutions. Mediation can be less adversarial and more cost-effective than traditional divorce proceedings, making it a popular choice for couples seeking an amicable separation.
Conclusion
The cost of living crisis in the UK has undeniably added complexity to the already challenging process of divorce. Financial strain, housing issues, and the impact on children and mental health are significant concerns for divorcing couples. However, with careful planning, professional support, and a focus on practical solutions, it is possible to navigate these challenges more effectively. By understanding the unique pressures of the current economic climate, couples can make informed decisions that will help them move forward towards a more stable and hopeful future.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Can I Vary A Child Arrangements Order?
A Child Arrangements Order sets out where a child lives and the time they spend with each parent or guardian. However, circumstances can change, and there may come a time when the Order needs to be amended. Below, we answer some key questions about the process of varying a Child Arrangements Order.
Changes to a Child Arrangements Order can arise for various reasons. A parent may relocate, working patterns might alter, or a child’s needs could evolve over time. In some cases, one parent (or guardian) may feel the current arrangement is no longer in the child’s best interests. Understanding the process of modifying an Order can help ensure that any changes are handled legally and in a way that prioritises the child’s well-being.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding Court Order that determines where a child lives, who they spend time with, and how often. These Orders replace the previous concepts of “residence” and “contact” Orders. The primary focus is always the child’s best interests, and the Order is designed to provide stability and clarity for all parties involved. The majority of final Child Arrangements Orders have a Warning Notice (also referred to as a Penal Notice) attached. Both parties will have been made aware as to what this means, at the time the original final Order was made.
How do I start the process of amending a Child Arrangements Order?
The first step is to discuss the proposed changes with the other parent or person who has Parental Responsibility. If both parties agree, the Order can be amended without Court intervention. However, if an agreement cannot be reached, an application to the Family Court will be necessary. If a Warning Notice was not attached to the original Child Arrangements Order, it will be necessary to apply for this at the same time. An application to Court involves completing the relevant Court form and submitting it along with the appropriate fee, unless a fee exemption or reduction applies (Help With Fees). It is important to provide evidence to support your request for a variation to the original Child Arrangements Order, which may include documentation or witness statements that outline why the change is necessary.
Is Mediation required before applying to the Family Court?
Yes, in most cases, the law requires individuals seeking to amend a Child Arrangements Order to first attend Mediation. A Mediator will assess whether Mediation is suitable for resolving the dispute. The Mediator will do this at initial separate appointments. If appropriate, you will both be invited to a joint session. If Mediation is unsuccessful or deemed unsuitable, the Mediator will provide a certificate that must be included with the Court application.
Should I try to reach an agreement before going to Court?
It is always advisable to attempt discussions with the other person or parent with Parental Responsibility before making a formal application. This can help narrow the issues and potentially avoid the need for Court proceedings. It is also important to consider the practical implications of any proposed changes and how they will affect the child.
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How does the Court decide whether to allow changes to the Order?
The Court’s primary concern is always the child’s welfare. Judges apply the ‘Welfare Checklist’ set out in the Children Act 1989, which considers factors such as the child’s needs, wishes, and any potential impact of the proposed changes. The Court will only approve amendments if they are deemed to be in the best interests of the child or if the Court believes that making an Order would be better for the child than not making one.
Do I need legal advice before applying?
Seeking legal advice can provide clarity on the process, help assess the likelihood of success, and ensure that the application is properly prepared. Legal professionals have expert knowledge of Family Law and Court procedures, which can be invaluable in navigating this process effectively.
Yes, if both parents (or those with Parental Responsibility) agree to the changes, there is no need to proceed to Court. Another option is that the altered agreement can be formalised into a Consent Order by a solicitor and submitted to the Family Court for approval, which will make the Order legally binding (if approved by the Court). However, if there are disagreements or concerns, Mediation is recommended before considering a Court application.
If one parent breaches the Order without a valid reason, the other parent can apply to the Court to enforce it. The Court can only make an enforcement Order if it is satisfied, beyond reasonable doubt, that a parent has failed to keep to the Child Arrangements Order. The Court cannot make an enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order. The Court has a wide range of powers in the event that it is deemed that an unreasonable breach has occurred, including a referral to Mediation, a referral for attendance on the Planning Together For Children course (previously called the Separated Parents Information programme), a contact enforcement Order/suspended enforcement Order (unpaid work), fines or compensation, or, in some cases, altering the Order itself (which could include a more defined Order and/or reconsideration of the living arrangements of the child). The Court also has the power to order the non-complaint parent’s committal to Prison.
Yes, a child’s wishes and feelings are taken into account, particularly as they grow older. The Court considers the child’s age, maturity, and understanding when deciding whether their preferences should influence the arrangements. However, the final decision is always based on what is considered to be the child’s best interests, which is often led by Cafcass (Children and Family Court Advisory and Support Service) – if required – making certain recommendations to the Court.
Contact us for expert advice Child Arrangements Orders
If you are considering applying to vary (amend) a Child Arrangements Order, our experienced Family Law team can guide you through the process, including Mediation and Court applications. Contact us today for expert support and advice or click here for more information about our Family Law services and fees.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Legal Assistant In Lockdown
It’s really hard to write something when you are usually in the ‘background’ and doing what we do best in assisting the brilliant people we work for. I’m not one for putting myself in the public eye, I suffer (like a lot of people) with anxiety and depression, so I usually like to keep myself locked away far away from the public eye and do what I do best (if I don’t mind saying so myself) by keeping my head down and getting through the ever mounting list of dictation.
I’ve honestly found the last 3 weeks being working remotely at home quite alright. My happy place is my home and I’m lucky to feel that way. I am fine and dandy being here at home working away in the spare room until this week kicked in.
My happy place is my home and I’m lucky to feel that way
Crikey I’ve felt low, tearful, stressed out and under pressure this week. Everything has slowed down, backlogs at court, communications, return updates and it’s frustrating. It’s placing a huge amount of pressure on people’s lives and I get that (I am one of those people from a personal point too). This week has been a huge deal. My lovely partner has been at home fetching brews to me (and a wine at 5pm) instead of my lovely friend at work Michelle (she keeps me watered with brews on a proper level). I’ve missed Jess with her huge personality and upbeat work ethic and Janet who I’ve worked with for 18 years. You, Janet, showed me so much (I know when I left school I thought I knew everything) and I will always be grateful for your love, patience and affection to me and also to my family.
To those I haven’t mentioned specifically, it absolutely doesn’t mean you don’t matter – you do – more than you will ever know.
I salute you and you are all amazing and our heroes
I’ve watched the concert today that was aired last week and feel completely humbled. I have key workers in my family from my step-mum who works in a school to my sister who works in a care home and my mother in law who cleans at Pinderfields hospital. I salute you and you are all amazing and our heroes.
Myself and my partner were lucky enough to have a new nephew born recently and we were able to meet and cuddle him before all this happened. We bonded and I made sure he knew that auntie Stacey is the cool Aunt that doesn’t ‘do the nappies’ but will give the best cuddles ever. I felt he ‘understood’ and we ‘got’ each other. I miss him along with all of our babies that we can’t see. I miss you all massively. We had a new niece born 3 weeks ago and we haven’t been able to meet her yet. I can’t wait to get my hands on her and I bet she can’t wait either.
I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding
I would love to do more for the community and have felt very much that I haven’t done very much or enough but then I realised that by staying at home (and my partner doing the essential shopping – for wine obvs.) that I’m doing the right thing. I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding and try to keep making a difference in my own way and any way that I can – no matter how small.
I am trying – we are all trying in our own way! Stay safe, take care, and be patient! We can all do this if we do it together.
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Whatever your legal needs we are here to help. Whether you are buying or selling property, in need of Family Law advice, or perhaps you with to make a Will or update an existing Will, our solicitors in Yorkshire are here to guide you every step of the way.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Ruminations of a Self-Isolating Solicitor
I am generally a very optimistic and positive person. However this self-isolating is really, really difficult. I’ve had a tough week this week trying to keep myself motivated to work from my dressing table which is starting to feel like a prison camp! I realise how much I need people to be around to keep motivated to run a business and deal with the emotions that sometimes our clients inevitably display.
As I write this it’s Thursday of what I think is now week four of lockdown (I cannot even remember the days anymore) and all I can think about is wishing it was Friday so I could justify having a bottle of wine. I am desperately trying to stick to only drinking at the weekends but it is tough I can’t deny it. I suspect we may become a nation of alcoholics before this is done!
Staying Positive During Lockdown
I keep trying to think positive thoughts about how so many more people are worse off than me – I have a lovely garden and three of my four children isolating with me, not to forget my husband who keeps me well stocked in food and coffee. Don’t get me wrong I have absolutely loved my time with them and we have definitely created some memories I will treasure forever, but it has made me think a lot about what actually makes me tick.
It’s just that there is something wonderful about working with other human beings who are all striving for the same goal as you and a number of whom you have known for many years. It’s a cliché I know, but your work colleagues do become like a family to you and I’m feeling this more than ever at this moment. It’s the little things I miss like being able to have a quick two minute chat with a colleague about their new puppy, or how frustrated their husband is making them feel. I miss my lovely receptionist bringing me a cup of coffee rather than my equally lovely husband, just to make a change of scenery.
It’s having a walk to the sandwich shop at lunchtime with a different colleague every day, helping clients deal with issues which are often way more serious than anything I face in my own life, or just sharing a joke with someone you don’t have to live with!
I need my daily fix of human interaction, it makes me who I am and for that I am grateful
Never before have I realised how much I value my work colleagues and I hope I never forget that when my alarm goes off at 6 am again (who would’ve thought I’d be looking forward to that!). Turns out my dreams of early retirement have completely changed – I now know I would be bored the majority of the time and that actually going into an office every day, whilst sometimes stressful it cannot be denied, is something I will now treasure. I need my daily fix of human interaction – it makes me who I am and for that I am grateful.
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If you need legal advice then please contact us at any of our Yorkshire offices. We are here to help you with your legal needs, whether you are buying or selling a property, you need to make a will or update an existing will, of maybe you require help with Family Law matters. our skilled an experience Yorkshire Solicitors can provide you with a friendly service.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
