Appeal on stepsibling basis(10 Posts)
Hi. I am wondering if anyone has come across this. My two children live with me, and have regular contact with their Dad...alternate weekends and a night in the week court ordered and on-going for last 7 years. My daughter, 13, has been attending the local Catholic Faith school for two years. In October their Dad's girlfriend applied for a place for her own daughter (not related to my children) at the school claiming stepsibling-ship with my daughter. They lived together then and split up around Christmas time. My daughter now does not see the child claimed to be her stepsibling at all. The place was granted and then withdrawn after she couldn't prove the stepsibling-ship (because there is and was none). Now she is appealing. I have been asked to provide the supporting evidence, court papers etc to the school which I have done, but feel powerless to stop this woman making fraudulent claims and pursuing them. Has this happened to anyone else and is there anything else I can do? She has engaged a Solicitor to act on her behalf at the appeal. Could I get a solicitor to write to her warning against the fraudulent use of my daughter as a stepsibling? Thanks
On the information you have given I would expect the appeal to fail. Even if it succeeds it does not have any consequences beyond her daughter getting a place.
You could get a solicitor to write to her but I don't think it would achieve anything.
I am confused.Do the parents have to be married to claim they are step siblings? I don't think in our borough it matters . How has she been fraudulent? They applied in October when they were still together.
But presumably since the ops daughter lives with her then they don't share an address, I think this is crucial for the step sibling link.
My understanding is the sibling link only applies to children who live at the same address. That's certainly the case in our area, it's very clear.
Stick to the truth, provide evidence they ask for if you have it, if you don't, say you don't.
I'd keep out of it, I think. Just answer what you're asked. I might phone the solicitor and ask what exactly I was being expected to provide, and let them know if you can't back up her claim.
Whether this helps her get a place will depend on the exact wording for the definition of a sibling. It would normally include half- and step- siblings living at the same address
If your DD is resident with you for most school nights (which it sounds as if she is), then her address for admissions purposes would be yours. Is that the address the school has on record? And is it the address from which you applied for her place originally?
I suggest that you stick to confirming the facts of your DD's pattern of residency, and let her attempt to make a case for the rest.
I agree with meditrina here. Just supply the information about your daughter and where she lives for the nights of the week when she is attending school. That will clearly show there are two addresses here and the case will collapse around that fact.
The fact that other person has hired a solicitor is irrelevant. Most solicitors in appeal cases are not admission experts and they tend to nitpick at details in the belief this helps their case. It does not. The more information you give the more they will try and pick holes in it, so just stick to the basic facts.
Where I live it also only counts for children living at the same address as their primary residence. So any children living at Dad's wouldn't count as your DC live with you most of the time (if it is exactly 50-50 the parents have to choose which parent the DC live with).
You are powerless to stop her, or any other parent, making fraudulent claims about where they live in order to gain a school place. But why waste money on a solicitor over it? Your DD isn't actually involved at all. She's not going to know anything about it unless you tell her.
You've simply been asked to confirm the living arrangements for your DD, which you've done. What your ex's partner or ex partner chooses to claim about whether or not she's still living with your ex is her business.
Getting involved is more likely to cause conflict between you and your ex, which wouldn't be helpful for your DD.
Thanks all, your comments were very helpful for the most part. I think that given the school place was initially withdrawn after her fraudulent claims that my DD was her stepdaughter, the appeal will be hard
for her to win anyway. It seems a very sad
state of affairs that people will go to such
lengths to lie and cheat their way around
the education system.
Thank you yellowdaises, I have been
happily parenting alongside my ex for
years and we are not in a hurry to cause
issues for our children. This is a
fraudulent claim as I explained initially.
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