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Ex Disagrees With Moving Schools - Being Threatened With Court Action(2 Posts)
I'm not a single parent but as I am separated from my son's dad I thought this would be the best place for this to fall.
So my husband and 2 children (son from previous relationship and daughter) moved house this month 30 miles away from where we used to live. This was due to financially not being able to afford to buy where we lived and also as we wanted to give our kids a better quality of life by moving to a countryside village. For the last 4 weeks we have been driving to and from the children's school each day as we originally had no intentions of moving schools.
It very quickly become apparent that the children are not coping very well with the journey e.g. falling asleep on the way home meaning they aren't then going to bed until later, having to get up much earlier each morning to do what is sometimes a 1hr 30 min journey, my son is struggling to do his homework as he's overly tired etc etc. They are also getting upset that they cannot have friends over to play due to being so far away and parents will not want to do a 60 mile round trip on a school night!
Our son will be going to secondary school in 3 years and will have to go to school in our new borough as we would be WAY out of the catchment area and at that point we would then need to move our daughter's school.
After lots of consideration my husband and I decided that it would likely be best to consider changing the childrens' schools.
I spoke to my son's dad about this a few weeks ago and told him that we were considering it and that initially we will go and view schools. At this point I was informed that his new wife and him are also considering moving 10 mins from where we now live due to housing prices.
This week my husband and I viewed 3 new schools and have fallen in love with 1 of them which we feel would be perfect for the kids. The children, although of course anxious about moving schools understand that it makes sense and seem quite happy about doing it.
I spoke to my son's dad yesterday and explained that we were strongly considering progressing with the new school and that they would start in January when it is a new term.
He said that he fully understands why we want to do it and agreed that the school sounds like a good one. He then questioned about him seeing our son on the school evening/overnight that he does and I explained how it may be difficult for them until they are down this way and that if it needs to stop for the time being until they have relocated themselves to allow the kids to become more settled then so be it. He is now threatening me with court action and saying that I have no right to change schools without his permission nor do I have the right to stop him from seeing him without good reason. I have never once said he CANNOT see him just explained that it may be difficult for them. I always go above and beyond to allow him to see him even when it's out of routine as sometimes I don't want him to miss out on things.
I am pretty aware of the legal procedure and understand that if he continues to disagree it would have to go through mediation, however, I am now questioning whether he would have a legal right to actually stop the school from being changed before any legal routes are taken. I.e... the school application is in and as far as I believe we are fine to start in January, but can he now come in and allow for his son's application to be withdrawn until things have been settled?
By no means will our daughter's application be withdrawn which then would only lead to further problems as I would not be able to get 2 children to 2 different schools 30 miles away from each other for the same time...
Any help would be greatly appreciated...
* I am now questioning whether he would have a legal right to actually stop the school from being changed before any legal routes are taken*
You do need his consent to change schools. You should get on and apply to court if there's no agreement. Unless he has a court order for contact there is nothing for him to enforce re seeing the children. You should however stick as closely as possible to the current arrangement unless there is a good reason to change.
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