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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To change DDs school even though she doesn’t want to?

46 replies

SchoolChangeDilemma · 26/09/2024 17:42

DD is 10, Year 6. Single Parent.

During Year 4 of Primary School I decided to visit a Middle School in the next town over to me to see what it was like with a view to maybe moving to that town as it’s where my family live (parents, 1 of my 2 siblings and a couple of my parents siblings live there). They’d offered to help with childcare.

I loved the school, so took DD to visit and she also fell in love with it. She was adamant it was where she wanted to go to school so I applied for a place, telling her we might not get a place due to where we live. The school is about 5 miles from where I live so just about doable as a school run until we could move closer (buses didn’t go out this far and as there were closer schools council wouldn’t provide transport).

She was offered a space, and it was the best decision I ever made. DD has been so happy there since joining in Year 5 (September 2023) has made loads of new friends and at Christmas with the help of school she got both an EHCP and DLA awarded. My DN is in the same class as DD (school did this deliberately as she knew no-one else) but they have never needed each other and have their own friends and are in different sets for Maths and English (Maths and English taught in sets by specialist teachers and everything else by class teacher like at primary for Years 5 and 6, then it’s more like a secondary for Years 7-8). The school are incredible, put support in place for DD pre EHCP, nothing is too much trouble, they make little adjustments for her all the time that she doesn’t even notice but I do and I appreciate it. She is a completely different child to the one who left Primary School In Year 4 in a good way though, she is genuinely happy or was.

Shortly after these were awarded (January 2024) ExH who’d always had DD EOWend for 1 night as per the Child Arrangements Order in place (made when DD was 2) decided he wanted DD to live with him and accused me of all sorts; everything from bringing men back while DD was there (I wasn’t, I’ve been single since our divorce) to turning DD against him. We split due to his violence and control (can you see where this is going?).

I went to court for Enforcement of the order, but ExH accused me of everything again in court and refused to listen when he was told to return DD to me. My solicitor advised me to follow what ExH told me to do re DD as if I put DD in the middle the court would look badly on me; so I am allowed to see her twice a week but not overnight and my family are not allowed to see her at all. I keep going back to court but it rumbles on, and the courts don’t seem to want to do much, police won’t get involved even with the order saying she lives with me because ExH has PR. And tbh the last thing I want is ExH taking DD away from me full stop, at least this way I still see her albeit not as often as either of us would like.

ExH lives 10 miles from me so around 20 miles from school, and it’s taking it’s toll on DD, she’s spending 2+ hours a day getting to school, since starting Year 6 she’s really struggling with tiredness, her school work is suffering, she’s losing her homework and getting tearful at school. It also means when I do see her I’m doing up to 80 miles in the day as ExH makes me do the school run at boths ends of the day on the days I see DD.

She’s adamant she wants to stay at the school, she wants to come home to me and move closer to her cousins and grandparents. The only stipulation was she wanted a pet at home (ExH has pets) which I am happy to agree to as I was looking at getting a pet anyway – we’ve discussed what pet, gender, names and even preferred colours for the collar, we both want a small dog.

School are doing everything they can as they always have - they allow her to be late in the morning due to the hour each way and traffic etc they let her take a chair onto the playground and she misses PE if needed, but I can’t keep seeing her so unhappy. She is so tired and pale, and I’m sure it can’t be good for her MH. School are named in the EHCP so she won’t lose her place and they are still mostly meeting her needs but say she is tired, tearful and it’s starting to affect friendships as she just does not want to get involved as she’s so tired. Her medical conditions are also requiring more medication (i.e. higher doses). School have been inviting me in 2 lunchtimes a week to see DD and we eat in a separate room, they’ve done this as ExH has said she cannot leave at lunchtime with me and this way DD doesn’t need to tell ExH I was there as the app doesn’t stipulate where lunch was eaten just what. It feels futile to keep pushing this when it's been almost 10 months and she's still not home and there's no way of knowing when/if.

There’s a Primary School on the next road to ExH, it has a reasonable reputation, and I could then look at moving closer to ExH/the school if she went there. DD is adamant she doesn’t want to go back to a Primary School saying she feels much more grown up at her current school. She says school have done nothing wrong and it feels unfair to leave when she lives so far away through no choice of her own.

My solicitor thinks that as long as I can evidence any decision in DDs best interests then leaving her where she is or moving her school won’t affect her coming home. But it will mean if she is that I’ll have less support in terms of my family as they will be 20 miles away doing their own school runs so if I make the move I have to be prepared to have even less support than I do now, but I love my DD and want the best for her and I don’t think the current situation is right or in her best interests.

WWYD? And WIBU to change schools even though DD doesn’t want to?

OP posts:
Birdscratch · 26/09/2024 17:44

Can you change solicitor?

ExtraOnions · 26/09/2024 17:46

Get a new solicitor .. you have been given terrible advice.

MingingTiles · 26/09/2024 17:46

Sounds like the school is the least of your problems. Get a better solicitor and get your daughter back. This is all horrifying.

The last thing I’d be doing is moving her school to nearer your ex so you never see her at all.

Hazey19 · 26/09/2024 17:48

definitely do not change her school. That is terrible advice and will set a precedent about where she will be living in the future. I’d be getting a new solicitor too.

mynameiscalypso · 26/09/2024 17:48

Am I reading it right - your solicitor told you to allow your daughter to live full time with your abusive ex so as not to make a fuss?

TomatoSandwiches · 26/09/2024 17:49

Your solicitor is fucking useless.

Get a new one, go pick up your DD at school early and take her home with you.

What the actual fuck is this shit.

StormingNorman · 26/09/2024 17:49

Who’s is only allowing you to see your DD twice a week? Your ex or the court?

Hazey19 · 26/09/2024 17:51

i would also be making an urgent application to court stating this is impacting upon your daughters mental health and her additional needs means she needs to be provided with the stability of her current school and home. Your solicitor should have done this already IMO!!

NotSayingImBatman · 26/09/2024 17:57

So, if I’m reading this correctly, you have a court order that says she’s to spend one night every other weekend with her father, and you obviously have PR, and your daughter wants to return to live with you?

With the greatest of respect, go and collect that child from school tomorrow and do not return her to her father’s house. You need a new solicitor, and a hearing at court to reaffirm your child’s residency. She’s old enough now that the judge will take her wishes into consideration. It sounds to me as though your ex just wanted access to her DLA.

MrsBennetsPoorNerves · 26/09/2024 17:59

OP, have you missed a lot of information from your first post? I don't understand why your dd is living with your abusive ex and why you only see her twice a week. Did the court rule that this should happen? Or are you saying that your solicitor told you not to fight it? Why wouldn't you have fought for what was surely in her best interests? I'm totally confused.

If the solicitor advised you not to challenge the current arrangement, and there isn't a massive back story that you haven't shared, then I absolutely agree that you need a new solicitor.

BobTheBobcatsBob · 26/09/2024 18:05

I don't want to be harsh because I can see what a horrendous situation this is, but when you are doing the school run why are you returning her to him? He is breaking the EOW order and he has trained you to go along with it by doing all the school runs on the days he allows you to see her. You know he can be violent and controlling and yet you are going along with this whole charade which is affecting your dd horribly. Get your dd back and get yourself a better solicitor.

SchoolChangeDilemma · 26/09/2024 18:06

While things where investigated the court said she was to see me twice a week until it was investigated and a new Section 7 report produced.

Court dismissed all the allergations after that saying they were unfounded and that DD could return to me but with more contact with her dad (which I was fine with) but ExH said he wanted residency and that I was to stick to seeing her twice a week - which my solicitor advised me to stick to while we then went back to court for enforcement. ExH just tells the court he wants residency, he's paid a couple of fines and just shrugs, he says he'll take DD away from me permenantly if I try and take her and thats the last thing I want.

OP posts:
MingingTiles · 26/09/2024 18:08

He can’t do that, op. You need a better solicitor. You also sound as if maybe he still has control of you and I would encourage you to do whatever it takes to break that. You are hugely under-reacting to all this and you owe it to your daughter to act.

ExtraOnions · 26/09/2024 18:10

You have a court order saying she should live with you …yet she is not living with you.

Go pick her up from school, and take her home.

..and again, get a new solicitor

Washingdamachine · 26/09/2024 18:12

I'm sorry but no solicitor worth they're coin would give you such horrendous advice such as you've received..
Enforcement of the order was needed as your ex breached the terms of the order. There's just no way a court would've awarded him residence.

Washingdamachine · 26/09/2024 18:13

Also your DD is approaching the age where her wishes are listened to. Why would you give up.

NahNotHavingIt · 26/09/2024 18:13

School have been inviting me in 2 lunchtimes a week to see DD and we eat in a separate room, they’ve done this as ExH has said she cannot leave at lunchtime with me and this way DD doesn’t need to tell ExH I was there as the app doesn’t stipulate where lunch was eaten just what.

I'm very surprised the school would get involved in this.

As others have said, you need a different solicitor.

The whole thing is very strange and obviously very stressful.

OhMaria2 · 26/09/2024 18:15

SchoolChangeDilemma · 26/09/2024 18:06

While things where investigated the court said she was to see me twice a week until it was investigated and a new Section 7 report produced.

Court dismissed all the allergations after that saying they were unfounded and that DD could return to me but with more contact with her dad (which I was fine with) but ExH said he wanted residency and that I was to stick to seeing her twice a week - which my solicitor advised me to stick to while we then went back to court for enforcement. ExH just tells the court he wants residency, he's paid a couple of fines and just shrugs, he says he'll take DD away from me permenantly if I try and take her and thats the last thing I want.

Go to school. Take daughter home.
The school won't say no and you have every right to do so, he can't do shit.
Make school aware.
If he tries to take her from school they can't legally stop him, but can stall for time.
Tell this gentleman to go get fucked. Jesus Christ, these men!

theeyeofdoe · 26/09/2024 18:15

This has to be utter bollocks.

ZeroFucksGivenToday · 26/09/2024 18:16

Go fetch her back from school, get a new solicitor and go back to court. She wants to live at home. The court ordered her to be back. Your solicitor is absolutely useless.

do not move her to the new school. Go get her back. Honestly. Tell your ex as per the court order you're now going back to ordered stuff and he can take you back to court. This is crazy.

mynameiscalypso · 26/09/2024 18:16

MingingTiles · 26/09/2024 18:08

He can’t do that, op. You need a better solicitor. You also sound as if maybe he still has control of you and I would encourage you to do whatever it takes to break that. You are hugely under-reacting to all this and you owe it to your daughter to act.

I agree with all of this. He's still abusing you. And your daughter is suffering as a result.

OhMaria2 · 26/09/2024 18:17

If you have no court order saying you can't have her live with you, school can't intervene. Take her home before he gets there, call police if he kicks off.
DO NOT change her school. Get a new solicitor immediately

LumpyPumpkin · 26/09/2024 18:26

Is your solicitor actually your ex wearing a disguise? I can't think of any other reason as to why they've given you such idiotic advice.

Stay with current school and change your solicitor ASAP.

I'm sorry you and your child are going through this.

YellowphantGrey · 26/09/2024 18:26

Your solicitor is absolutely shite. I cannot believe they advised you to hand over your daughter like that in order to appease your ex?

It just wouldn't happen. They would stay with the resident parent while it was decided.

I don't believe either the court would all of a sudden order temporary full time custody to a non resident parent and reduce your contact to two nights a week

I'd like to know the other side of the story as something isn't adding up

Lilactimes · 26/09/2024 18:27

Hi OP,
I hope you’re ok - it’s so hard being a single mum. In this instance though you need to summon all your strength and fight like a tiger for your girl. If you haven’t got funds - raise as much as you can from family and GET A NEW SOLICITOR the best fighter you can afford. Move your daughter back to your house immediately and so she can continue going to her school easily. Unless we are all missing something massive here - you have a court order on your side stipulating she can stay with you. Your ex gets to see her as per the court decision and not interfering with HER schooling. I think even though you’ve left, you’re still scared and he’s still controlling you. Maybe you can also get some help with therapy/ counselling. I wish you luck