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Separated and different views on secondary school

32 replies

apsergeskidsrcool · 01/10/2014 11:50

My ex and I were together 10 years. We have been separated 4 years and I will be marrying later this year.

Our son is 11

While my life is now unrecognisable Dads life hasn't changed. He still works the same job, same shift, the house is still messy with DS's toys from when he was a toddler... It's like he's trapped in limbo.
His family think he's depressed.
He's not a particularly nice person. I was controlled and manipulated. His personal babysitter, had to be in by 10pm or he'd lock the door, that kind of thing.

He's on TV and people think he's great until they meet him and he comes across as rude and obnoxious. He has only a few friends and even these told me to run for the hills.

The truth is that he's very possibly apserges like our son. He's very intelligent, he can be very loving, but mostly he enjoys arguing and conflict.

Now the problem.

We live in different cities and when I left I had to agree to stay in his city and continue to offer after school care until he finished work at 8pm. I suppose I was still under the thumb at this point and so I bought a house in the City (not that this pleased him as it was the wrong side of the city).

After a few months I realised I had a really bad deal. I was his personal babysitter. I worked in another city but had to get home to collect DS only to hand him over at 8pm at night.
I had to get a solicitor involved to make it more fair for me but I still offered him any 50/50 arrangement angement he wanted to keep the peace.

He wanted to split the week down the middle. He's the only one who thinks it's a good idea but it was progress so I said yes.

So I met my fiancee, we work in another city, now live there and I commute three days a week for the school run. We travel 40 miles each way. Weekends are alternate and I font take a penny from him, he pays for next to nothing. Even when I was unmployed and getting final demands for dinner money he refused to pay. (despite me paying his mother's phone contract for the last 7 years).

Secondary school.
I am refusing to commute any longer. I am getting married, I need to stand up to him.
It's hard though. The school think he's a local celebrity and assume he makes the better decisions. They've already tole me that taking our son to another LEA is very difficult.

I've told Dad that whichever school DS goes to, the parent who lives closest will have him Mon-Fri. I said last year let's both make a plan detailing after school care each could offer. He promised to right up until the deadline and then said he wouldn't and so he hasn't.

His Dad wants DS to go to a mainstream school near his house. Yet can't provide any afterschool care. He works until 8pm still and days he can't change that. He says I should continue to commute as I chose to move away.

I want DS to go to a specialist apserges school in my city where I can be there after school Mon-Fri and have a full time job in the Police. It's also the best school for him, it has an outstanding offsted report.

Meanwhile I applied for DLA and was awarded it. I give his father half (I did t even have to tell him but wanted to be fair) but he doesn't spend it on our son. He doesn't take him to any classes or book anything, he has no time. I take him swimming and tennis in my city. His father earns three times as much as me yet always claims to be broke.

So in short how can we get a decision made? My choice means taking his statement out of the area, his choice means DS will be at a huge disadvantage...

Any advice would be greatfully received.

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WhoKnowsWhereTheTimeGoes · 01/10/2014 23:02

Is the Asperger's School state or independent? If independent has he been offered a place? Does he meet the entry criteria? You can't get it named on a statement unless he has an offer, and even then it's likely to be a tough slog getting the LEA to agree to fund it.

inthename · 01/10/2014 20:35

And on a final note, I suppose the answer is in law that neither of you have the final say, because in the eyes of family law you are both equal as parents and both have exactly the same rights as the other. It might help you as you've never been in court before to look up parental responsibility and the CAFCASS website, which gives a checklist of what a court will consider when making decisions about children. Ultimately, when parents can't agree, the law is applied and the law gets the final say.

inthename · 01/10/2014 20:26

Courts aren't pleasant places, and it can feel like the judge is swaying towards the other person. When this happens, if you do go to court, stay strong and don't react, I found the best way was to refer to the child being discussed as 'our son' rather than 'my son' because the judge looks to you thinking about what is in the childs best interests rather than what either parent 'wants'
And the biggest piece of advice, don't assume that you've worked out what the judge is thinking! I thought my sophisticated ex had convinced the judge of what he wanted, but in my case my ex ended up with less than he went in with because he tried to tell the judge what to do and that being a high flying businessman somehow made him 'better' than anyone else.
Steppes advice on checking the admissions requirements for both schools is essential, as you need to know quickly how much relevance your sons main address is and also whether he needs to have the specialist aspergers school named on his statement to qualify for entry, because you don't want to go down the legal route if the admissions criteria means you couldn't apply anyway x

apsergeskidsrcool · 01/10/2014 18:54

@Thegirlfromipanema Thanks for your support and you're spot on. It's not a 9-5 business. I can tell you know what you're talking about too. It's actually a relief to hear somebody simply say that they understand.
I've received some good advice from a couple of you and feel I've a clearer way forward now so thank you.

@titchy My son would call you a 'noob'. Since it's a word he's made up I can spell it however I like. Feel free to spell check the rest of the thread though, you clearly have time.

Good night folks, and thanks again!

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apsergeskidsrcool · 01/10/2014 18:47

Hello, actually he's incredibly flexible. He doesn't like surprises so as long as he knows where he will be and when he's really easy going.
He loves the long commute as he gets me all to himself and we have long conversations (well, he talks 'at' me but it's enjoyable) and its really lovely bonding time.
On the downside his father doesn't do homework with him so I have to do it all when I collect him. I've collected him today for example, Wednesday and he hasn't had a shower since Saturday morning, quite shocking really.
It's very tough when we don't agree and our Son notices and tried to peace keep or can sometimes violently take sides.

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apsergeskidsrcool · 01/10/2014 18:40

@steppemum
Thanks, I'll take a look there too. Most subjects we just get by on. I'm really easy going as long as my Son is happy and safe. But this subject, Education, is the real issue. Hence why I posted here.
My question is more of a legal one. Who has final say? It's not really one about my relationship with my Ex, I dare say it's nothing new for ex's to be awkward. It's how the law can help me deal with it.
I think I've found the answer though, a specific issue order is absolutely the way forward.

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apsergeskidsrcool · 01/10/2014 18:36

I've always spelt Asperges without the R, just a bad habit.

The fact Dad works in TV 'is' relevant and ironically you are highlighting exactly why it's relevant, thanks for being my example...

When you are an ex partner sitting in a school meeting, who do you think the teachers are listening to more, me or the guy on telly? Who do you think the mothers watch as we enter, me or the guy on telly? It's not fantastical, it's my every day. The fact that you think it's some kind of brag says more about you than it does me.

I'm up against a big character, I am looking at a C100 yes, thanks to some of the more useful replies made on this thread. Good call to you guys. It is appreciated. Still however, the thought of standing in front of a judge next to him knowing that he'll be giving him more credibility than me (IMO) is terrifying and unfair- but understandable.

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steppemum · 01/10/2014 15:02

polter is right - relationships board will find you people who will help with dealing with ex and with the legal side.

go on to SEN for how to get him into the school you want/statement help etc.

Do some research about the schools requirements.

titchy · 01/10/2014 14:41

Indeed I should polter...Blush

steppemum · 01/10/2014 14:32

You need to look on the website of your LEA and your ex LEA.

It will tell you which address is considered to be the resident address for children with 50/50 custody.
If (and I don't know) if the address to which child benefit is paid is the address they consider, then unless both schools are very undersubscribed, the choice is easy.

You put your school and his on the form in any order you like.

Your school will be close by distance and so you may get a place. His school would be considered by distance form YOUR house as YOUR house has the child benefit paid to it. It is very unlikely you would get a place as it is so far away.

BUT that wouldn't really help your relationship with your ex, and he could then go to court.

Go to the SEN boards and ask about statements. Educational provision by naming the school is normally part of the statement. You can call for an emergency statement meeting, and ask for it to be recorded that he wouldn't cope in mainstream and need the special school. But you really need to check. If he has Aspergers, but that is not spelled out anywhere, then a school specialising in Aspergers won't take him. You saying he has it means nothing if it isn't in writing.

You have very little time to decide. Your form needs to be in by 31st Oct.

PolterGoose · 01/10/2014 14:11

This reply has been deleted

Message withdrawn at poster's request.

inthename · 01/10/2014 14:07

Ok, as there is no contact order, then that at least doesn't have to be varied.
For the other things though, if he won't engage with mediation then you will need to apply to your local family court and apply for a specific issues order.
It doesn't cost 10K to do this.
You can represent yourself.
I think its around £200 to submit the forms
BUT do get some concrete legal advice as you have a whole combination of things going on.
Otherwise, as someone further up said, make all the arrangements, give the new arrangements to him in writing and then it would be up to him to take you to mediation and court.
It would obviously be better for your son if you didn't do this and a court could overturn any arrangements you make as there is a 'status quo' of 50/50 - which is something they would look very carefully at if hes objecting.

titchy · 01/10/2014 14:05

Inthename did answer your question - C100 from the courts for a Specific Issue Order.

apsergeskidsrcool · 01/10/2014 13:55

Can I just say a big thank you to those who are helping and being supportive.

However I am concerned over the number of people here who seem more concerned with either A: identifying me or at least making ridiculous claims that they can, or B: accusing me of being fake because I don't put an R in Apserges.

I joined today needing at worse some emotional support but at best some legal advice. People come here may be fragile and vulnerable, even at risk. Some of you should be ashamed of yourselves. If you think somebody is a fraud then report them and let the system do its job.

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apsergeskidsrcool · 01/10/2014 13:48

We've never been to court. When I left I gave in to pretty much everything he wanted to keep the peace. No money exchanges hands, I pay for my Son apart from his main holiday with his father.

There was one solicitors letter once which was to say we had concerns over his lack of hygiene and that I wasn't having fair access. This one letter cost over £400!

I did take advice on taking him to court but firstly I was told £10k, secondly I should have stated proceedings last Easter, however at that time his father was 'misleading' me into thinking he was being cooperative so I saw no need to take.it that far. Which was a relief as I don't have 10k to throw at this.

He viewed schools in both areas, admitted the Apsergers one was best, admitted he had no afterschool care and I was looking likely he'd be moving to my city. He basically played for time and now it's the eleventh hour revealed he wants him to go to a mainstream school near his house that we've not even viewed and my city's outnof the question.
All he has to say for himself is "I don't want to be a weekend Dad"... It's never anything to do with my Son's best interest.

So my original question still goes unanswered. Who decides?

The school won't get involved and he won't even talk to me about it. I swapped weekends to help him out despite him refusing to tell me why it was so urgent, I have a funeral Friday, do you think I can get him to respond to me?! No.

He was once hospitalised for a long time and I heard nothing. I asked no questions, just took our son and did a daily 160 mile commute to school, then work then schools then home.

I sent him one text asking how he was.. I was told to mind my own business.

I just want you to know whatnot.dealing with here. Even if there's no real advice sometimes just getting it off my chest helps.

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sleeperinsouthlondon · 01/10/2014 13:43

Ipanema the suspicion is quite understandable;

Our son is 11 and called x [edited by MNHQ]. is not the normal 'slip up' style of accidental name revelation.

Multiple mis-spellings of 'aspergers' including in username.

The 'ex on TV ' did sound odd. It's not as though he is a local headtecher or noted educationalist. Why would teaching staff listen to his views on educational/SEN issues particularly?

inthename · 01/10/2014 13:39

there is also a slight risk with the living with x or y Monday - Friday that you are trying to vary an existing order for 50/50. If your ex disagrees with that sort of change, then that order would also have to be returned to court to be varied and signed off before returning it by a mediator.
Please also bear in mind that its not considered to be up to you to question his dads childcare arrangments when your son is scheduled to be with him, as its up to him to sort out what he considers to be appropriate.

TheGirlFromIpanema · 01/10/2014 13:35

I know a few people this could apply to so I don't see how you can assume it's made up titchy

I doubt it's shifts. More likely that schedules are busy and filming goes on until around 8 everyday. The OP's ex may not be required til 8 every day though but would probably have no routine within the parameters iyswim. Sometimes not even much advanced notice week to week either.

OP it does blind people if someone has a familiar face. Its ridiculous but I have seen it with my own eyes and it is a difficult thing to deal with as you say.

However, in your case, the fact is that the ex simply cannot provide after school care so I would say there is your answer! Ask him how he plans to care for ds mon-fri if he attends the school in his city. Tell him what you believe the school near you can offer ds.

If he refuses to engage in sensible discussion then go ahead with plans to move ds whilst attempting to engage in mediation. Keep records of how you have tried to engage. He will be the one to have to take it further if he wishes but you will have the evidence that you have acted reasonably and more importantly, in the best interests of yor ds.

titchy · 01/10/2014 13:28

Apologies if you are real, (although you've also misspelt Asbergers in your username), but the reference to his father being on telly seemed rather fantastical - it's completely irrelevant to what you are asking and there was no need to mention it. No need to mention that you work in the police, and fairly easy to work out your ds's birth year given that you're applying for secondaries.

SantasLittleMonkeyButler · 01/10/2014 13:25

DS1 has aspergers too. He chose his own secondary school as it was him who needed to feel comfortable there.

How does he cope with all of the to-ing and fro-ing?

inthename · 01/10/2014 13:23

then as steppe has said, if hes refused mediation and you have that in writing, your only option is to go back to court for a specific issues order. I think (not 100% sure) to do this you have to submit form C100 to a court - which also has to be signed by a mediator that mediation has been unsuccessful.
In your case, with so many different 'bits' to join up, I'd think about returning to your solicitor, even if its only to get clear advice on how this should be done, because a lot of things in family law changed in April and you don't really want to be relying on generalised advice for something this important.

apsergeskidsrcool · 01/10/2014 13:16

Just to add that my son wants to come here.

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apsergeskidsrcool · 01/10/2014 13:09

Hello, he wasn't born in 2003, anyway doesn't matter I've asked for his name to be removed. Shouldn't take long.

Yes he had a statement, it's held in the LEA of his father, that is the point advantage he has here but it's a big one granted.

The statement is ambiguous, it clearly paints a picture of a child who can't focus, can't organise his thoughts or his belongings and needs lots of one to one in order to achieve. Our doesn't go so far as to make recommendations on school type.
Every time I need I ask senco I'm told they don't want to get involved but they can't see him coping on mainstream. It seems impossible to get that in writing. I had to mention the TV job because it blinds people.
He's a tough person to take on.

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steppemum · 01/10/2014 12:58

Unfortunately op you could be identified. I could do an internet search on tv kids born in 2003 called xx, and it wouldn't be hard to track it down.

It is scary how easy it is to find things on-line.

This site is friendly and supportive, but it is also common for people to put up fake posts. regulars in here are very sharp to make sure a poster is genuine.

If you are intending to send him to a school for Aspergers kids, then I assume he has a statement? If not, how will you get him in there? If he has a statement, then the professionals involved should have some suggestions for his schooling. The school needed can be specified on the statement.

If he won't mediate, your only option is to go back to court.

I think that the address considered for the child for school admissions is the address where the child benefit is paid. So on that basis you need to apply for a school near you anyway, he won't get into a school near your ex with an address near you.

Have you asked your son what he wants too?

apsergeskidsrcool · 01/10/2014 12:58

Thanks for your response.
I genuinly am hapy for my son to live with his father Mon-Fri IF his father can provide the best environment, but as I've described above he really can't and hasn't made any attempt to.
It's really frustrating. I can't bear the thought of my son living there as it stands. Already when he comes back from his Father's he has a bad attitude and has lost his manners, it's like the two of them together amplify the Apsergers condition.
It takes a good day to bring him down again and he's a different child.

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