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If ExH takes DD out of school, will I get a fine?

69 replies

FinedNotFine · 27/02/2022 20:00

DD is 7 year 3. She has several medical issues so misses half days fairly regularly. Her attendance is usually around 86-89% mark, only once have I got it above 90%.

I regularly get letters threatening me with fines if I “don’t take DDs education seriously and send her in” school always assure me that they have sent off all the evidence of appointments to Education Welfare and I shouldn’t get fined as it’s unavoidable – they’ve told me a few times they mark it down as an M but if she’s in before the end of the morning it goes down as U with a note saying it’s M and then evidence letters sent off alongside it. She’s occasionally been down as M for the morning but U for the afternoon as we’ve got to school right after the registers close in the afternoon.

So to the issue

ExH has decided he absolutely must take DD out of school for a week immediately after May Half Term. For his sister’s wedding.

I do not agree with it. He could easily fit the event into half term, fly out late evening after school on the Friday and back late Saturday, the event is a wedding for his sister on the Wednesday, he just wants to do it cheaply.

He says he’s taking her out of school for the 5 days/10 sessions and it’s not him who’ll be fined because he’s the NRP. There’s a CAO which gives me full residency. He says if I try and pass the fine onto him he’ll just ignore it and because DD is registered as living at my address everywhere and nowhere has a record of his address it’s me who’ll get fined.

I have told him I am not asking the HT if DD can be removed from school, and I will make it clear I do not give permission but he just shrugged and said I best make sure I have the money for the fine anyway.

I can’t afford a fine, and don’t agree for her to be removed from school for the week. I have no worries about her being bought back, all his family are here, they’re just wanting to show off abroad, but it’s his weekend right before the week, so that makes things awkward as I can’t not send her as I’d be in breech.

My solicitor doesn’t really know what to do other than making it clear I don’t give permission, I don’t have and never have had her passport, ExH has sorted all that.

So will I get fined? And would it be classed as a breech to keep her that weekend so he doesn’t take her out of school?

For added context she’s around 2 years behind, working at around Year 1 level, is just starting to read, struggles with writing, also has processing and memory issues, as well as her medical issues. I am keen for her to be in school as much as possible given she misses a lot already.

OP posts:
FinedNotFine · 28/02/2022 13:31

@tanstaafl

Does DD want to go? Or is this more about punishing you?
@tanstaafl

Does DD want to go?

She wants to go on an aeroplane as she's never been on one before, but she doesn't like missing school for appointments (even though she hates school generally) so I think she's 50/50.

Or is this more about punishing you?

That too, he knows I have very little come back if he doesn't pay the fine, because I can't afford it so I can't afford to go to court and fight it.

OP posts:
RandomMess · 28/02/2022 13:35

I guess I too would insist on the fine money and if he doesn't hand it over 2 weeks before the trip refuse contact that weekend.

I would also put it in writing to him that you do not consent her being out of school for holidays or similar. I would also detail her poor attendance. I would also copy in the school welfare/attendance people.

koalalala · 28/02/2022 13:41

Go to court & get a prohibited steps order so he can't leave the country.

Tell him you're doing so. He can bring her back for school or she can not go at all.

Interested in this thread?

Then you might like threads about these subjects:

mudgetastic · 28/02/2022 13:42

www.gov.uk/permission-take-child-abroad

Sounds like it would class as child abduction if he takes the child without your permission

Not sure if the correct approach but I suspect if the airline was tipped off they would not be allowed to fly ?

tanstaafl · 28/02/2022 14:03

Will you pick DD up from school on Friday ?
When is the flight?

Can you disappear straight away ?
Get knobhead to pay you the expected fine for BOTH of you in advance for returning DD?

Trying to think of what’s the best worst case scenario.

Also, he is coming back right?

LuaDipa · 28/02/2022 14:08

Say nothing now, but don’t let him take her for that contact. Tell him she’s poorly and wants to stay home. If he takes you to court, which I very much doubt he will, you can justifiably say that he was planning to take her abroad in school time without your permission but unfortunately she fell ill so was unable to travel.

Has he texted you all of this or do you actually speak to him?

FinedNotFine · 28/02/2022 14:10

@tanstaafl

Will you pick DD up from school on Friday ? When is the flight?

Can you disappear straight away ?
Get knobhead to pay you the expected fine for BOTH of you in advance for returning DD?

Trying to think of what’s the best worst case scenario.

Also, he is coming back right?

@tanstaafl

Will you pick DD up from school on Friday ?

It's half term that friday so she'll be with me, if she's not at holiday club (I don't know my shifts for then yet only up to Easter) she'll be with me so I can go out on the Friday.

He usually has contact Sat morning to Sun evening EOWend but occasionally has her Fri evening - Sun lunchtime.

When is the flight?

Not sure exactly but it's definitely during his weekend contact or just after i.e. Sunday evening or Monday morning

Can you disappear straight away ?

Disappear?

Get knobhead to pay you the expected fine for BOTH of you in advance for returning DD?

I doubt he will give me any extra money on top of CM, he's already on Collect and Pay with the CMS and knocks money off for the slightest thing

Also, he is coming back right?

All his family are here, his jobs here, he's never been abroad before, so I doubt he's staying out there.

OP posts:
FinedNotFine · 28/02/2022 14:13

@LuaDipa

Say nothing now, but don’t let him take her for that contact. Tell him she’s poorly and wants to stay home. If he takes you to court, which I very much doubt he will, you can justifiably say that he was planning to take her abroad in school time without your permission but unfortunately she fell ill so was unable to travel.

Has he texted you all of this or do you actually speak to him?

@LuaDipa He sent me a Whatsapp Message (this is how we talk) telling me he's taking DD out of school the week after half term (with dates), the reason why and asked for her passport. I said I didn't have a passport for her as I've never taken her abroad so never needed one, I also stated that I do not give permission for her to be taken out of school.

No reply to that message, a few weeks later he told me face to face when I handed DD over for contact it was all sorted, and they were going. I said again I don't give permission, and that I will not talk to the HT about it thats his job and he just shrugged and said they're going and I better pay the fine as he won't be.

OP posts:
underneaththeash · 28/02/2022 14:27

You could just cancel her passport?

rookiemere · 28/02/2022 14:43

I'm not sure you'd be able to do it in this scenario but you may be able to put a block on your DDs passport www.citizensadvice.org.uk/family/making-agreements-about-your-children/your-ex-partner-is-taking-your-children-without-consent.

ChocolateMassacre · 28/02/2022 14:47

I'd tell him that unless he pays you the money in advance and shows evidence that he's booked an earlier flight back, DD is going to be magically 'unavailable' for contact on that day.

Also, presumably he's relying on you to pack clothes and other stuff for her? He doesn't sound like the sort who has things for her at his house. Just don't do it if he doesn't cooperate with you.

He can take you to court if he wants but if he's too tight to pay the fine, he's not going to want to spend the money. And one missed contact, given your reason, isn't going to look that bad if it comes to it.

NigellaAwesome · 28/02/2022 16:39

I'd be speaking to the passport office to ask about putting a stop on DD's passport. I would also be asking about the legality of him applying without your knowledge or permission when you are the resident parent and there is a court order in place.

He sounds thick as mince. Does he not realise that you could make this a lot more expensive for him than just your fine?

TracyMosby · 28/02/2022 17:53

I doubt he will give me any extra money on top of CM, he's already on Collect and Pay with the CMS and knocks money off for the slightest thing
O bet he doesnt pay cm that week either.

Secrettoday · 28/02/2022 20:10

With regards to the fixed penalty notice. There are two different one. One for holidays in term time (FPN2) and one for other accrued unauthorised absences (FPN1). They won’t band them together. Unless you have had other holidays during term time. If you can get her in for one morning or afternoon so it’s 4.5 days you won’t get a fine

Theunamedcat · 28/02/2022 20:11

If he is on collect and pay he shouldn't be knocking money off anyway

FinedNotFine · 28/02/2022 20:26

@Theunamedcat

If he is on collect and pay he shouldn't be knocking money off anyway
@Theunamedcat Yes I know but have you ever tried to argue your point with CMS, they insist I should be grateful I get anything at all.
OP posts:
Theunamedcat · 28/02/2022 21:32

Yes you can argue with cmo you first ask for that in writing so you can take it further then when this isn't forthcoming you take it further

RB68 · 28/02/2022 21:37

prohibitive steps order - you need to be very clear in writing you do not give permission for her to be taken abroad - he can't take her abroad without your permission. If he does he is up shit street

newbiename · 01/03/2022 20:17

@RB68

prohibitive steps order - you need to be very clear in writing you do not give permission for her to be taken abroad - he can't take her abroad without your permission. If he does he is up shit street
Interested, what would happen if he ignored a PSO ? He sounds like the sort of person who might ignore it.
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