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Specific Issue Order for relocation

(5 Posts)
RockPaperCut Wed 06-Dec-17 16:52:20

Has anyone been through the same? Final hearing coming up in January and I’m monumentaly stressed! I need to show that our daughters will have school places at the new location. Eldest is currently at pre-prep youngest due to start school in September 2018. The move is just under 60 miles from here. I’m not sure how I’m meant to secure state school places from afar.

Is it likely that the courts would refuse a move based solely on the fact that I have not secured a school place for either child? I feel like I’m stuck between a rock and a hard place!

prh47bridge Wed 06-Dec-17 19:02:28

You can apply for a place at any school at any time. If there is a school that has a place available it must be offered to you if you apply despite the fact you live 60 miles away. Depending on the LA you may need to apply direct to a school with places or you may need to apply through your current LA.

The primary consideration of the courts will be your children's best interests. If it appears that the move has not been properly thought through and is a way of making contact difficult the application may be refused. However, if you have good reasons for making the move and can show that you are making appropriate arrangements you should be fine.

RockPaperCut Wed 06-Dec-17 20:58:40

Thanks prh47

The LA says I need a local address in order to make an application for a school place. But I cannot secure that until the court orders that a) the children live with me and b) that I can move. Otherwise I may end up in a position where I have secured a property there but I am refused permission for the move and I have to service two rents which I just cannot afford.

The other issue is my ex is against the move so will not agree on a school place there. So I cannot be seen to make an application for a school place without his consent.

OhforfucksakeFay Thu 07-Dec-17 00:18:57

Find out which schools currently have spaces / under subscribed and therefore definitely have a place now.

If it's a reception application and the final hearing will be determined on time then look at where you plan to live, and show that on previous year's criteria you should have got a place and therefore are highly likely to if your application is granted.

As it's a state school education there will
be a state place available if you move as the LA must provide a place. You just need to evidence which the most likely schools are that your DD will get into so it doesn't appear that on a move she'll end up in the worst school in the area and worse off than at present. Eg look at the last couple of years for allocations for preferred schools and show if you move to your planned place which schools you would have been eligible for from there in previous years.

If it's a late application given date of final heating you may need to consider which schools will likely not be oversubscribed locally.

RockPaperCut Thu 07-Dec-17 17:49:35

Thank you that makes sense. The difficulty is that all the good schools are oversubscribed for yr1, I will have to consider other schools in nearby towns/villages. His argument is that neither of the state schools are adequate whilst he is also refusing to fund private if we move. I fear we will be back in court as he’ll then not agree on which schools to apply to.

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