Legal Update: Legal Q&A - School placements and parental consent

A. Where a major decision has to be taken about a child's upbringing, all those with parental responsibility for the child are able to participate in that decision. Having parental responsibility gives parents the ability to make decisions about a child's life and upbringing. If a child's parents were married to each other at the time the child was born, or have been married since the birth, they each have parental responsibility.

If parents are unable to agree on a major decision concerning their child, there are several options available. They may be able to try family mediation. The aim of mediation is to lessen conflict and to try to resolve disputes amicably. The process of mediation differs throughout the country. In some mediation services, parents are seen separately and then they are bought together to see if they can reach a compromise. In other mediation services the parents are seen together, sometimes with their solicitor or a representative present. If parents cannot reach an agreement, then either parent can apply to the court for a Specific Issue Order. This order effectively requests the court to make the decision on behalf of the parents. The court will base its decision on what it determines is in the child's best interests.