Separated parents: rights and responsibilities

All parents have a right to participate in decisions about their child's education. Understand what your school has a responsibility to do, and how to avoid common conflicts.

Last reviewed on 31 January 2024
School types: AllSchool phases: AllRef: 33548
Contents
  1. Who is a parent?
  2. Getting and checking parent details
  3. Rights of separated parents
  4. Getting consent
  5. Sharing information
  6. Changing a surname
  7. Moving schools
  8. How to avoid common conflicts
  9. Examples of separated parents policies 

Who is a parent?

For the purposes of education law, parents include:

  • All biological parents
  • Any person who has parental responsibility for a child or young person, even if they're not biologically related (e.g. adoptive parents, step-parents or guardians)
  • Any person who has care of a child or young person but is not a biological parent and does not have parental responsibility – usually the person with whom the child lives, even if they do not have legal responsibility (e.g. a foster carer) 

This is outlined the DfE's guidance on parental responsibility.

A parent or carer can lose parental responsibility, through a divorce or court order. However, it will depend on the individual circumstances of the case, so always check whether the official status of the parents has changed.

When parents separate, the resident parent is the parent the child lives with most of the time (also known as 'having custody'). If

The Key has taken great care in publishing this article. However, some of the article's content and information may come from or link to third party sources whose quality, relevance, accuracy, completeness, currency and reliability we do not guarantee. Accordingly, we will not be held liable for any use of or reliance placed on this article's content or the links or downloads it provides. This article may contain information sourced from public sector bodies and licensed under the Open Government Licence v3.0.