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School application disagreement

(6 Posts)
Bluebirdpie Sun 16-Nov-14 16:59:28

I'm hoping someone can offer some advise or perhaps just an outside opinion mate new options I hadn't thought of. I really want this to be resolved amicably outside of Court for obviously reasons, stress, finances etc but my ex is refusing to discuss and has threatened Court action if I don't agree with her. Also interested in opinions of what a Court is likely to make of this.

We have two daughters in year 1 and year 2. Both attend the Infants school (reception-year 2) in the village my ex lives in. There is a court order for the house she lives in (jointly owned) to be sold after Xmas as she has defaulted on the mortgage and if not sold it will be repossessed. It's likely to sell quickly. Local rentals are very high (much higher than the mortgage) and so she will have to move out of the village to a nearby town. I live in a nearby town (15 min drive from current school). Neither me or my partner drive so we get the bus to school- which is hard as it's a village service, rather infrequent and often cancelled meaning we have to get the early bus to ensure we are at school on time. My ex drives and has a car.

A school application for a Junior school for our eldest needs to be made by mid January as her current school is infant school only up to year 2.

My ex wants the application 1st choice to be the Junior School next to their current Infant school- in the village. Her reasons being that dd1 needs to stay with her friends, she is going to try and rent in the village next year once the house sells (says she will try and get a bank loan or ask for monthly help to be able to afford rental there but she hasn't done this to be able to afford the mortgage and village rental is very expensive so I think it's unlikely and more than she objects to the children being at school near my house - she's said before she'd rather it halfway to "be fair". ) Also that dd2 will be there for another year and doing two school runs will be impossible for a year.

I would like to apply for the local school near to our house as it's excellent and sought after and Ofsted Outstanding. It means dd1 doesn't have to get the bus to school, she can easily make new friends and although it means 2 school drop off for 1 year it's better than another 5 years of primary school with both children doing the school run by bus. There's a before and after school club for dd1 to attend for 1 year just 30mins a day while dd2 is collected/dropped off until dd2 join her the year after. She already knows children there as her Brownies group is near our house and the children are from that school and her Sunday school too. The Juniors next to the Infants in the village isn't great, below national average progress made and a less than amazing Ofsted report (not the be all and end all I know!) I just don't see it makes sense to have children in a school in a village where neither of their parents live.

Does anyone have any ideas? What factors will a Judge consider if we do have to ask a Court to decide? I've emailed her and asked her to meet to sit down as weigh up the pros and cons but she refuses and says the only option is the Junior school in the village and will not discuss.

Have name changed for obvious reasons.

HedgehogsDontBite Sun 16-Nov-14 17:54:32

The judge will consider what's in the best interest of the child. Personally I think you ex is doing the right thing, keeping the children together in the school community they are already part of. Although you've come up with a few pros for the school near you it sounds like your primary motivation is your own convenience.

meditrina Sun 16-Nov-14 17:58:24

I also posted on your other thread.

Where is your DD's ordinary residence right now? How far is it from your preferred school? And what is it's 'greatest distance offered' for the last few years?

You can only apply for a school from where the DC live, and there is no point in seeking to secure leave to apply for a school if there is no chance of qualifying for an offer.

Bluebirdpie Sun 16-Nov-14 18:18:25

Sorry. I very stupidly left out some important info. The girls both currently spend most of their time here with me. They spend alternate weekends and one midweek visit for tea with my ex. This means ex only takes them to school twice a month and collects them 4 times a month. All other school runs are from/to my house. Ex has applied to court for 50:50 residency, but this will be down to a court to decide and the outcome of this won't be known until the hearing which is (inconveniently) scheduled for after the deadline for the school application has passed.

twizzleship Sun 16-Nov-14 18:49:14

well seeing as they mainly live with you currently and it is you who is mainly responsible for getting to and from school, i would suggest applying to the school nearer you. they'll make new friends and their clubs etc are close by too so it makes more sense.
if she refuses and you have to take it to court then so far you have the stronger case as to what is best for them.

HedgehogsDontBite Sun 16-Nov-14 20:06:45

That does change things somewhat. I thought they were living in the village and going to their local school.

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