Enrolling a child when parents are separated or apart

Terms used

• sentencia — The sentencia is the court's final judgment on the case.
• Libro de Familia — The Libro de Familia is the Spanish family book recording parents and children, accepted as proof of relationship.

Key rules

• Court order: If a court order sets who decides on schooling, its terms come before anything else.
• Consent: Many schools accept one parent's signature; if there is a dispute or a court order, they want both guardians' signatures or proof that you alone hold authority.
• Foreign orders: A foreign custody order needs a sworn translation and, where required, an apostille.
• Disagreement: A written objection from the other parent holds the situation as it is until a court rules.

What schools ask for

Parental authority is exercised jointly by both parents or by one with the other's express or tacit consent, so in principle both parents must agree on choosing a school. In practice, many schools accept one parent's signature unless they know of a dispute or a court order. Forms vary by school and region, so ask the school which version it uses before you go.

If the other parent agrees but is not in Spain

Ask the school whether its form needs both signatures or a declaración responsable. That is a signed statement that you act with the other parent's consent, or that the other parent is absent. Many schools accept it. If the school insists on both signatures, the other parent can sign abroad and send the form back.

Tell the school which parent holds custody and whether school decisions are shared. Schools often ask.

If you have sole authority

Bring proof. Depending on your situation, that can be:

• a court ruling (sentencia) or a custody or separation agreement (convenio regulador) approved by a judge
• the other parent's death certificate, if you are widowed
• a libro de familia showing a single parent
• the birth certificate naming only you as parent, if you were never married to the other parent

A relative or other guardian caring for the child brings the document proving guardianship, together with a declaración responsable.

If your custody order is from another country

Schools generally accept a foreign order as proof of who holds custody. Expect to provide a sworn or official translation into Spanish or the co-official language of the region, and an apostille or legalisation where it applies. The rules by country of issue are the same as for school records: Preparing your child's foreign school records.

Formal recognition by a Spanish court (exequatur) is normally needed only to enforce the order. For simple enrolment, many schools do not ask for it, but they can if there is a dispute. Within the EU, orders under the Brussels II ter rules are recognised without a special procedure. Ask the school early which it wants, so you do not translate or legalise twice.

If the other parent refuses

You can ask the family or first-instance court where the child lives to decide, through jurisdicción voluntaria (voluntary jurisdiction). The judge hears both parents and may give the decision to one of them for a set period.

If the other parent objects in writing, the child usually stays in the current school until the court decides. A child who has just arrived has no current school: the school then waits for the court's decision before enrolling, so ask the court first. If you cannot reach the other parent, or a protection order or court ruling limits their contact, bring that order or a declaración responsable explaining it, and use the same court route. You may need a lawyer and a procurador (a court representative). Free legal aid is available if you qualify.