The choice of the children's educational path, due to the impact it has on their future lives, should be made by mutual agreement between the parents.
Doctrine and jurisprudence diverge on classifying situations related to choosing a school, enrollment, changing schools, etc., as matters of particular importance in the lives of children.
Some believe that enrolling a child in a private school is a matter of particular importance, while others argue that enrolling in a public school is part of routine life. There are also those who believe that the choice between public or private education is always a matter of particular importance and must therefore be decided by agreement between the parents.
The truth is that parents' preferences often represent a serious existential matter for the child's life, which should be classified as a matter of particular importance—not only because of the financial implications for the parents but also due to the choice made regarding the type of education, which is not necessarily a daily decision without significant impact on the child’s life.
A mother or father in such a situation, seeing that maintaining the conflict may harm their child's education, should go to court.
To do so, they should clearly and objectively indicate the reasons for their disagreement with the other parent's choice, characterizing and justifying the situation of disagreement.
Upon receiving the petition, the judge will notify the parents for a conference, where they will attempt to mediate between the parties to ensure a decision that best defends the child's best interests.
If reconciliation is not possible, the judge may make a provisional decision on the matter, and, if deemed appropriate, the judge may listen to the child (Articles 35, 37, and 38 of the General Regime of Civil Tutelary Proceedings).
The provisional decision will need to become final, with the judicial decision being guided by the child’s best interests.
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