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Prohibited Steps Order Against Me - Help Please.

(3 Posts)
Namechangedquestionplease Thu 06-Dec-12 18:18:18

My EX partner has applied to court and been granted a SIO today. If it is relevant, there is no residency order in place, our son is 8 and we have an informal agreement to share 50/50 care on a 2/2/3 basis each week (days).

Back in June I wrote to him and asked him to discuss with me the option of changing our sons school. We had both moved and it would make the journey to school from both of our houses much easier every day and his current school was on "special measures" following a bad Ofsted report.

He applied to court for a PSO and it was granted. He lied in the application stating I told her I was taking him out of school when really I asked her to discuss it as a possibility. Anyway, we met at court a few weeks later and made an agreement outside of the courtroom that he would stay one more term (so she could organize new childcare around the new school) and that he would leave after Xmas. This agreement was then typed up by the court clerk, we both signed it, it was read out in front of the judge and written onto the face of a new court order which stated that on the understanding of this agreement the original PSO was discharged.

So, since June my son and I have been talking about and preparing for the move to the new school. I have enrolled him in the new school, he has been on visits and everything. All throughout I have written letters and sent school info to my EX. I checked today (I keep all copies of correspondence) and I have 5 letters from me to him over 4 months trying to discuss our sons school move, asking for his opinions, asking if he wants to do one of the visits with him etc. All ignored. We have no direct communication anymore and communicate via letter only.

Anyway, today I have been served with a prohibited steps order stating that I am not allowed to remove my son from his current school. EX has stated all sorts of reasons such as it would be unsettling, the current school meets his needs, he doesn't have friends at the new school etc. But nothing that has changed since the agreement we made in June at court. Nothing new has happened that would lead to him changing his mind. It appears he only agreed to him moving at court to shut me up, keep him there another term now he is trying to keep him there permanently. He has also stated in his new PSO application statement that as he was acting in person (no solicitor with him) he was confused and didn't realize that the agreement he made was a serious one as he couldn't afford a solicitor. It is crystal clear and typed across about 3 lines on the face of the new court order (but is not a court order if that makes sense).

I am absolutely raging! I am due to see my solicitor Monday but really need some advice and reassurance that he will not get away with this. I am so upset I am sacred his lies and crap will fool the judge and I won't be able to get this PSO discharged in time for the new term.

So my questions are really;

1. Does an agreement made in court have any weight at all?

2. Surely if I explain to the judge that he waited and waited and waited through all my letters etc and then right at the last minute just 3 weeks before he is due to start his new school he slaps me with this they will agree he did it the wonrg way and the way he knows will cause most problems for me.

He DID know the agreement was in place as I'd been talking (via letter) about it time and time again. If he was "confused" about the agreement then surely he should have raised this with his solicitor in the 6 months that have passed since the agreement was made.

ARGH I am so annoyed sad Help please....

Namechangedquestionplease Thu 06-Dec-12 18:55:21

Sorry first line should be Prohibited Step Order not SIO, oops!

cestlavielife Fri 07-Dec-12 00:00:40

It isn't clear why you want him to move schools really. Focus needs to be on the child.

I don't know if your arguments should be about how wrong he is regarding this or about whether it is best for ds to move school.

Where does it say he has gone about this the Wrong way or the illegal way? I don't know. Annoying and irritating yes but is that what court should be about ?

Or about the good reasons why ds should change school?

Also why change now won't he change anyway for secondary?

Being in special measure can be good for a school as they get lots of funding and help to change...

Surely you need to focus on ds needs and why best for hIm to change school or not ?

Or is it more important for ex and you to score points ? Yes I can see what he done is cr@p but is that really the issue here?

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