This means, for example, that registered contracts must be signed by the parents – not by the students themselves, who are minors and who are not able to enter into contractual agreements (except in certain circumstances). A contract is much more than an agreement between two people. You have to make an offer and accept that offer. Both parties must intend to enter into a legally binding agreement and pay a price (not necessarily money). They must have the legal capacity to freely conclude a treaty, and the proper understanding and approval of what this entails. Any coercion, misrepresentation, inappropriate influence or ruthless business could render a contract illegal and unwelcome. In our experience, it is sometimes difficult to identify the right contractors in the registration contract. Due to the remuneration in the registration process, there is generally a contractual relationship between the school and the parents with regard to the provision of educational services to their child or children. Therefore, all of these elements apply to a registration contract in the same way as any other type of contract. Copies of all documents defining the child`s right to decide, including wills, court decisions, parental plans and others, should always be kept with signed registration contracts. In cases where the parents have separated, it is important to ensure that the parents who are responsible for making the decision are the parents who sign the registration contract. The documents you should consult to ensure that the right people are contracting parties include court decisions on education issues or parent plans. This means that it is not the responsibility of an organization to make the decision common – an organization has the right to invoke a parent`s decision, as if it were a decision shared by the parents.
A contract does not exist just because there is an agreement between people. The contracting parties intend to enter into a legally binding agreement. This is rarely said explicitly, but can generally be inferred from the circumstances in which the agreement was reached. It would be very unusual for a registration agreement not to prove the parties` intention to be legally bound by their terms. If the Court of Justice makes a decision that parents share the same parental responsibility, it is essential that decisions on important long-term issues be made jointly for children. This means that parents should share information relevant to the decision, consult with each other and make real efforts to reach an agreement. We recommend that schools have a regular overview of their registration process and registration documents – perhaps every two years, if specific legislation is not passed, which requires it earlier. The 2014 changes to the Data Protection Act (later detailed) were an example that forced many schools to review their registration documents. Regular review of contracts ensures that they meet current legal requirements and best practices from time to time. An offer is a clear promise to be bound provided the terms of the offer are accepted. This means that what has been proposed must be accepted. It is unusual for a court to order a parent to have sole parental responsibility for a child – but if it does, it is only the parent who can make a decision on an important long-term issue, such as education or health.