Legal Implications Of Changing Schools
The decision about which is the best school for our children is not always easy. And it is that the way to educate them will be decisive for their future. That is why many parents decide to change their children from school. But that change, in addition to the emotional and educational implications for the child, has certain legal connotations that are not always known.
Among couples, for example, this issue often causes many problems, especially if the parents are separated. Each of the parents has their own point of view and neither seems willing to compromise. But is it necessary for the two to agree to be able to change a school boy? What if not?
Next, we will see some elements to better understand the legal implications of changing schools.
The change of school: a decision of both parents
One of the most difficult decisions in marriage is usually the choice of the type of education that you want for your children. Most parents are quite uncompromising on this issue and each one defends their convictions tooth and nail.
However, and after some initial uncertainties, almost always the two parents end up losing positions and manage to find a middle ground and reach an agreement.
In practice, when parents separate or divorce, that agreement can be in jeopardy. Indeed, after a separation there is usually a stage in which the parents do not have good communication with each other, they do not get along and seem to disagree on anything that the other proposes. And the education of children is no exception.
In that situation, changing schools can be a very difficult decision. What are the legal implications of a change of school for divorced parents? What to do, for example, if one of the two parents disagrees?
Without a doubt, the best solution is to dialogue, seek consensus and make a common decision thinking about the well-being of the child. But, unfortunately, this is not always possible.
Can one of the parents change their child’s school without the agreement of the other?
When the parents are divorced, there are certain decisions that the custodial parent can make without consulting the other parent. These are mainly two types of decisions: those that have to do with the child’s daily life and those that must be made in emergency situations, such as decisions about the child’s health.
The change of school does not correspond to either of these two types of decisions. It is, in effect, a decision that significantly affects the life of the child and has great importance for him and, therefore, must be agreed by both parents. It is a decision that requires the common agreement of the parents and neither of them can make it unilaterally.
If, despite this, one of the parents decides to go ahead with the decision to change their child from school without having obtained the agreement of the other parent, there will be legal implications. The consequences will depend on each situation, but may include, for example, a change of custody.
What to do in case of disagreement between parents about the change of their children’s school?
The first thing parents should do in this case is to do their best and exhaust all efforts to try to reach an agreement, for the good of the child. If this is not really possible, you can go to a third person who is trusted by both of you to act as a mediator.
Another option is to let the respective lawyers negotiate the situation. They will do this by leaving out the reproaches and emotional implications and, therefore, it will be much easier to reach a solution. If the disagreement persists, the last instance will be to request judicial authorization to change the child from school.
The legal implications of a change of school are many. Therefore, it is important to consider all the positive and negative aspects of that decision before making it. And, above all, it is essential to put aside the differences between parents and try, as far as possible, to make a joint decision.
