The choice of a school represents one of the most delicate and important decisions in a child's life. When parents are separated or divorced, this decision should always be the result of constructive dialogue. However, it frequently happens that one parent proceeds with a school transfer without consulting the other or ignoring their dissent. As a family lawyer in Milan, lawyer Marco Bianucci deeply understands the frustration and concern that arise from being excluded from such a crucial choice for their child's educational and relational path.

The Legal Framework: Shared Custody and Major Decisions

In our legal system, the general rule in cases of separation is shared custody. This regime requires that decisions of major importance for children, relating to education, upbringing, health, and the choice of habitual residence, must be made by mutual agreement of both parents. Changing schools falls squarely among these fundamental decisions. Therefore, one parent cannot act unilaterally, even if the child primarily resides with them. Enrolling in a new school without the explicit consent of the other parent constitutes a violation of the duties inherent in parental responsibility and the separation or divorce conditions established by the judge.

What happens in case of disagreement?

When parents cannot reach an agreement on the choice of school, the law provides that the decision cannot be forced by one of them. In these stalemate situations, it is necessary to turn to the judicial authority. The judge, after evaluating the arguments of both parties and always keeping the preeminent interest of the minor as the guiding principle, will adopt the most appropriate measure, possibly even suggesting family mediation to re-establish an effective communication channel between the parties.

The Bianucci Law Firm's Approach

Addressing a dispute related to children's education requires extreme delicacy and prompt action. The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a meticulous analysis of the specific case. The first step is to attempt, where possible and useful, an out-of-court resolution, formally notifying the other parent and the school, which has a duty to obtain consent from both parents. If dialogue is impossible or if the school change has already occurred arbitrarily, the Bianucci Law Firm intervenes promptly with an urgent application to the guardianship judge or the ordinary court. The primary objective is to restore legality and protect the educational continuity and psychological well-being of the minor, preventing them from suffering trauma related to sudden and unagreed-upon uprooting.

Frequently Asked Questions

What can I do if my ex-spouse has already enrolled our child in another school?

If the enrollment occurred without your consent, it is crucial to act promptly. You can send a formal notice to the new school, pointing out the violation of the rules on shared custody, and simultaneously file an urgent application with the judge to request the cancellation of the enrollment and the child's return to the previous school, to protect their educational continuity.

Can the school accept an enrollment signed by only one parent?

Ministerial directives require schools to request the signatures of both parents for enrollments, transfers, and the choice of Catholic religious education. If the school accepts enrollment with only one signature, ignoring the known dissent of the other parent, it may incur liability and the procedure can be legally contested.

How long does an application to the judge for a school change take?

The timelines for judicial proceedings depend on the workload of the competent court. However, as these are matters that profoundly affect a minor's daily life and education, it is possible to resort to urgent procedures that allow for a decision to be obtained in much shorter times compared to ordinary litigation, ensuring rapid and effective protection.

Protect Your Child's Rights: Contact the Firm

Decisions concerning children's education and well-being cannot be passively endured. If you are facing a school change imposed unilaterally or if you need assistance in managing a disagreement on educational choices, it is essential to seek qualified legal advice. Contact lawyer Marco Bianucci at the office located at Via Alberto da Giussano, 26 in Milan to book an initial consultation. During the meeting, we will carefully analyze your specific situation to identify the most appropriate strategy to protect your rights as a parent and, above all, your child's best interests.