picture of a child being taken to school by parent

Legal considerations for divorced parents navigating the back-to-school season

Max Bentley
Authored by Max Bentley
Posted: Friday, September 6, 2024 - 14:18

For recently divorced parents, the beginning of a new academic year involves considerations that extend beyond new school supplies and extracurricular activities. Some of these include legal considerations which, if not properly addressed, can lead to conflicts and potential legal issues further down the line.

Approximately 3.18 million* UK families are headed by a single parent, according to recent data. 

With divorces historically spiking in August following the summer holidays, Jennifer Moore, Legal Director at Rayden Solicitors who are experts in child arrangements orders has shared the legal considerations newly separated must make as their child embarks on the new school year. 

Implementation of custody agreements 

One of the first things separated parents will need to consider is aligning their custody arrangements with the updated school schedule, this is because any major changes may require court approval.

Responsibilities for school-related decisions must be clearly outlined to avoid disputes over pick-up and drop-off schedules, alongside participation in any school events. If these are not set in place, and large changes are made informally, progressing with these changes without the proper legal documentation may render them unenforceable if a conflict arises.

Access to school records and documentation

Typically, both parents will possess the right to view their child's educational records, irrespective of custody agreements. However, we recommend providing the school with the correct contact details for both parents, as withholding educational information from one parent can breach court orders and educational regulations. 

Updating emergency contact information

If necessary due to changing circumstances in living arrangements and contact details, parents will need to make updating emergency contact information for their child a priority.

Any outdated or inaccurate information could lead to delays in urgent situations, whilst disagreements regarding medical decisions could result in further legal complications. 

Aligning financial responsibilities

It’s important to align the financial responsibilities of each parent where the child’s education is concerned, not only to ensure that your child’s needs are adequately addressed.

Clarify who will handle costs for school supplies, uniforms, extracurricular activities, and any additional requirements set forth by the school. Disagreements over unforeseen expenses can develop into legal disputes, so it’s essential to tackle these matters proactively within your custody and financial arrangements.

Co-parenting after a divorce can be difficult, but prioritising your children's educational needs and sticking to legal agreements can lead to a much more amicable outcome. If you're uncertain about your rights or duties, reach out to a family law solicitor to make sure you're making well-informed choices that align with your legal responsibilities and benefit your children.

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