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Transferring schools for DS

(8 Posts)
feistychickfightingthebull Fri 19-Nov-10 10:57:07

Dear All,

I could use some help please. After careful thought, I am thinking of moving my DC from the school they attend as it is too far from where we live as we have moved to another area. The problem is that there is residence order in place which says that the DC should stay at current school unless the father agrees to the move or the court agrees. What would be the consequences of not doing either and just moving the DC as I know that the father will use this (changing schools) against me despite it being in the best interests of the children to attend schools near home as the journey is currently making them really exhausted. Any advice as to how to proceed will be much appreciated.

Thank you

prh47bridge Fri 19-Nov-10 12:19:06

If the father will not agree to the move you should apply to the court for a specific issue order giving you permission to move your child to another school. In this kind of dispute the courts generally side with the parent with residence so you would have a good chance of getting permission to move your child to another school. That would put you in a much better position than simply moving your child which would put you in breach of the order. Even if he didn't take action to enforce the order, the father could use this breach against you in any future court hearings if, say, he wants to change contact arrangements.

CarGirl Fri 19-Nov-10 12:21:59

I agree go back to court, you shouldn't need a solicitor just self represent.

What impact is there on their father if they attend a different school, does he ever collect them, come to parents evenings etc? If he doesn't then I think the courts would be unlikely to refuse.

Presumably you can state that intended to keep them at that school but the impact of the long journey is being detrimental to them.

I think that such orders exist to prevent you from moving long distances away which presumably you haven't?

feistychickfightingthebull Fri 19-Nov-10 12:42:45

Thank you for your replies and the information. We still live in the same city, just moved to a different area so that would not make any impact as father does not ever really take part in any parents evenings etc. Would I have to attend court and speak in front of a judge to explain my reasons for the move? We still have proceedings in court re contact and I am worried that if I start talking about moving the DC to new schools he will cause a stink and start giving me verbal abuse again. My DC really want to move to new schools as they have been saying themselves that they are finding the commute really difficult. Shall I ask for this when we go back to court? I was hoping to apply and move schools by January but our hearing re contact is after Christmas. Do the courts normally process these issues quickly; does the father have to be at the hearing etc. What would be the repercussions of breaching the order?

Thank you

Thank you

CarGirl Fri 19-Nov-10 12:54:26

Sorry I don't know but I would assume it's best dealt with when you back to court. It is worth finding out what schools near you currently have spaces.

Is he using a solicitor?

feistychickfightingthebull Fri 19-Nov-10 13:29:37

CarGirl, thank you again. He is not using a solicitor, self representing. There are several schools with spaces at the moment which is why I am eager to get the ball rolling. I think I will leave it until we go back as am worried about the rocking the boat as he is an extremely volatile character. Thanks again

prh47bridge Fri 19-Nov-10 13:32:59

Ignoring court orders when you are in the middle of a court case is a very bad idea. Just imagine what the judge will think. You and your ex are in dispute over contact and you ignore a previous order, placing yourself in contempt of court. The judge is naturally going to wonder whether you will comply with any contact order or just ignore it when it doesn't suit you. This may result in the outcome of the contact case being less favourable to you than would otherwise be the case. That is quite apart from what would happen if the father took enforcement action. If you establish a pattern of ignoring court orders when it doesn't suit you, you may ultimately lose custody of your child and/or go to prison.

I understand your concerns about the father's reaction but you should see if he will give permission for the change before applying for an order. The courts are there to resolve disputes and will generally only make an order if the parents are unable to resolve the issue between them. It will also help to make you look reasonable if you are trying to resolve such matters with him rather than turning to the courts immediately.

If you apply for a single issue order and your ex opposes the application you will have to attend court and make your case. The father will have the right to attend any hearing that takes place and make his case as to why you should not be granted the order.

feistychickfightingthebull Fri 19-Nov-10 13:54:10

Thank you so much Prh, and you are right. It has been a tough time for all of us and I have complied with the law at all times to show that the father is unhinged. I wouldn't want the courts to think less favourably of me and jeopardise everything and to cause more dispute. I appreciate you going into so much detail and highlighting the repercussions. I will leave the DC in the school they are in probably for the rest of the school year and move them next academic year. That will avoid them moving mid term etc, and at least if they know that they are moving schools next academic year they will be more prepared for the move than just uprooting them now.

Despite their father being unhinged he is still their father and I should really ask for his permission tbf. It make sense to wait until everything is ironed out re contact and then after that we can start talking about moving the DC's to schools nearer home.

Thank you for being so frank, I appreciate it

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