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taking child away during school term

40 replies

marcvsnaomi · 28/09/2024 22:31

I am currently in a minor dispute with my ex about me wanting to take our child away during school term.
We both believe in our stance and i would like some honest feedback from those that are impartial so that we can take this on board and move forward.

We recently went through a break up that was far from pleasant, i wont go into the details because it is irrelevant, however, this wasn't my doing and the reason i raise this is to make you all aware that things are still raw.
Ideally, we would both do what is in the interest of our child but sometimes personal issues between us surface and make things a little more difficult than things probably should be.

Our child attends nursery. He's three years old. This is is second year that he's attended school, this is a new school with new classmates however.
His mother is his main carer. She is a stay at home parent. So our child is only at school for 15 hours a week.
He attends for 5 days so he's there for 3 hours a day. 8.30am until 11.30am.
I have him for 3 days a week, his mother for 4.
My time with him is from thursday at 5pm until Sunday at 11am, so i only take him and pick him back up from school on Friday's.

I am wanting to take him from school on Wednesday 9th October. So a day earlier than usual. I have things planned to take him away and drop him back off when i take him to school on Monday 14th October, a day later than usual.

In total i'll be having him 2 days extra.
In total he will be missing 6 hours at school.

My ex's argument for not allowing this is as follows..

He's not going on holiday during school time.. there is an upcoming holiday end of October.. why not then?
His education is more important.
He's new to school and he's settling in.
He's in a routine.

She has a meeting with school on Monday and she will be bringing this up.. she does not agree with this and i am going against her wishes.
The extra days are without her consent.

My argument is as follows..

I would take him during the holidays.. but i can't due to work commitments.
I have tried already and been rejected.
I want to take him for a specific reason.. it only happen's this time of year and the only holiday available before Christmas is unfortunately unavailable to me.

He is 3. He will be missing 6 hours. It is not a legal requirement for him to attend school at his age, and education is not just at school it can be done outside of school also, especially for a child of his age, that's why school's have school trips.. because they are clearly beneficial to a child.

I do not need her consent. It is not a legal requirement as i stated before, i have parental responsibility and we do not have set days.
There is no rota. no schedule. We tend to stick to me having him 3 n her 4 most weeks but we have always been flexible.
I do not need her consent, and she doesnt need mine either.
When she took him away it was over his birthday weekend.. his birthday was Monday.. i was at work.
I disagree'd for obvious reasons.
She did it regardless, she didn't need my consent.

I am taking him somewhere that is specifically about our child.
It is in his interest, not mine.
It is solely catered around him.. his hobbies and interests, not mine.

I believe i am doing what is best for our son, my ex also believes she is doing what is best for our son.

Need some feedback here, we both feel like we are going round in circles with this and hopefully we can resolve it amicably, rather than arguing about it.
We do not argue in person, but we do not discuss this in person either.
Our child has no idea about this or any discussions or disagreements we have had about it.
He will not be dissapointed if this does not go ahead.

OP posts:
Scottishskifun · 28/09/2024 22:47

Nursery even in a school setting isn't compulsory so the taking him out during school time is completely a ridiculous statement.

It sounds like your both fighting about this for point scoring aspects. Whilst the split maybe raw don't get into a too and fro for the sake of your son.
Your a parent and your allowed to take him away given you have no formal or court agreement.

I agree with you to take him for a bit of a trip but please for your child's sake don't get into point scoring.

NahNotHavingIt · 28/09/2024 22:47

YANBU

Perhaps it would help if you stopped referring to it as a 'school'?

Missing 6 hours of nursery is not going to do him any harm at all.

Unexpecteddrivinginstructor · 28/09/2024 22:46

It is not compulsory school so not such an issue missing it, but it can be unsettling if making friends. You do need to be in agreement before actual school if fines might be involved because you can both be fined independently if he is absent even if just one of you takes him on holiday.

He is three so really anything is for your benefit rather than his. In the long term he is very unlikely to have any memories of the holiday and so co-parenting successfully is going to be more beneficial for him.

If going abroad technically you might need his mother's consent.

Is there any reason why she thinks it was ok for him to miss nursery for his birthday but not your event?

vincettenoir · 28/09/2024 22:45

I think a key point here is that your ex partner does not agree to the trip and that’s the crucial point. It’s in no-ones best interests to increase the friction between you. Of course that doesn’t mean that your ex should call all the shots but I don’t think this is the hill to die on. Unless it’s for some kind of a once in a lifetime trip for a family member’s wedding or something.

Also I don’t understand why you are describing your dc’s nursery as school.

CowboyJoanna · 28/09/2024 22:44

CowboyJoanna · 28/09/2024 22:38

YANBU and I think DH is forgetting your child is 3, not 6.
Term time doesnt apply to him because hes not even school-age ffs!!! Confused

Not DH, ex sorry

TemuSpecialBuy · 28/09/2024 22:42

She’s being ridiculous and YY to previous poster it’s a power play

But presumably she has form for this?

your child is 3 so you’ve got another 10-15 yrs of this nonsense so do yourself a favour and get court ordered contact in place which includes clear and watertight holiday provision

Tbskejue · 28/09/2024 22:42

To be honest this isn’t about it being in term time; it’s a power play about her allowing you to change the contact routine. I’d start mediation to be honest with a view for a court order so you don’t have issues like this for the rest of his childhood

Neodymium · 28/09/2024 22:40

Education is more important? 3 hours a day of playing at a nursery is hardly education. A lot of 3 year olds don’t even go to nursery. I would just take him.

DinosaurMunch · 28/09/2024 22:39

Are you in Wales?
Why did you say no to your ex taking him away for his birthday? I don't get what the obvious reason is.
She's probably being awkward because you were?

CowboyJoanna · 28/09/2024 22:38

YANBU and I think DH is forgetting your child is 3, not 6.
Term time doesnt apply to him because hes not even school-age ffs!!! Confused

Starlightstarbright3 · 28/09/2024 22:38

What country are you in ?

England no compulsory education till the term
after they are 5.

in essence I would have no concerns taking a three year old away in term time

mnahmnah · 28/09/2024 22:37

Well they’re not at school? Pre-school nursery is different. Many children don’t attend any formal setting at all until compulsory school age 4/5. It will make no difference whatsoever!

Cobblersorchard · 28/09/2024 22:36

YANBU but get proper court ordered contact in place to stop any nonsense going forward.

Nursery is not school, I took my child out whenever I fancied, she missed loads of nursery because I made the most of the time before school.

AgainandagainandagainSS · 28/09/2024 22:35

At 3 it is fine. He is not of compulsory school age yet.

As an aside, I hope you are not funding your ex to refuse to work.

Shoobidowhop · 28/09/2024 22:34

It's nuts to enforce school holidays on a child who is not school age. This is the last year when you don't have to worry about this and should take full advantage.

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