Can one parent exclude the other from school or medical decisions relating to their child?

Can a parent be excluded from their child's medical appointments, school events or decisions?

Any parent with parental responsibility retains legal rightsto be involved in any school, medical or other important decisions relating totheir child’s life.

Parental responsibility does not disappear after divorce,unless removed by court order (which is rare in the UK). Both parents usuallyhave the right to access a child's school and medical information and beinvolved in major decisions.

Sometimes, the other parent or school/medical professionalsmay fail to keep one parent informed, intentionally or by oversight.  Both schools and medical providers must treatall parents with parental responsibility equally, unless a court orderrestricts one parent's rights.

If this is impacting you and your child, what can you do?

·      Write to the school or medical provider, citingparental responsibility and requesting direct communication and information.

·      Most schools have a separated parents policy;ask for information on how to access meetings, reports, and communications.

·      Document all requests for information inwriting.

·      For medical records, NHS guidance states parents with parental responsibility are entitled to access records of children under 12, and teens if they consent.

 

 Mediation with the other parent can be a way to resolvedisagreements over involvement or communication. If negotiations are notsuccessful, parents can apply to the Family Court for:

     - A Specific Issue Order- If not beingincluded in a specific decisions such as school choice or medical treatment.

     - A Prohibited Steps Order: To preventthe other parent acting unilaterally (e.g., changing schools or medicaltreatment without consultation).

The Children Act 1989 underpins most decisions. The welfareof the child is the court’s paramount concern, but Judges would expect bothparents to be involved unless there is risk of harm.

If you would like to know more about how mediation can help, email us at hello@familymandm.co.uk

 

 

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