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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:
Iloveagoodnap · 26/09/2024 18:30

If the court ordered that your child can live with you then he can't overrule that. Tomorrow go into school half an hour earlier than pickup time and take her home. Have a copy of the court paperwork if possible in case he sends police to get her. They can't as you have PR and a court order. Ideally I'd go and stay with one of your relatives with her for a few days so that he can't be banging on your door demanding her back. Preferably at the home of a male relative because men who like to control women are often cowards and less likely to argue with a man if he does come looking for you. Keep contact in writing. Email him and tell him that as per the court order you have taken your child to live with you. As he broke the court order by refusing to return her I imagine you have good grounds for refusing unsupervised contact for a good while, though best to get legal advice about that.

TeaAndTattoos · 26/09/2024 18:39

Your ex is a manipulative little cockwomble he’s not doing all this because he wants DD to live with him he’s doing this because she the DLA and he wants the money he’s treating his own child like a cash cow. Get yourself a new solicitor and get her away from him as soon as you can he is using your daughter for the money and you can guarantee that money isn’t being spent on what she needs it’s all going on him and he knows that if she goes back to you that money leaves with her he’s a horrible bastard.

MartinCrieffsLemon · 26/09/2024 18:59

I understand this is an awful situation but you are seriously considering moving closer to the abuser you left and upsetting your child's schooling?

I echo the above. Get a new solicitor and next time you pick her up, take her straight to your house and tell him this is the court order. And, ye, if you can get a male relative or friend to come and stay then do so... just in case.

judgenikki · 26/09/2024 19:15

This goes against every parental right and responsibility you have get a new solicitor get back into court and don't leave until you have your daughter with your!!!!!

jackstini · 26/09/2024 19:22

Bloody hell OP - can't believe your solicitor's advice - absolute shite and it is not making you look good allowing this to happen and massively affecting dd

Bring. Her. Home. Tomorrow.

Get a new solicitor

Keep her in the school she loves and is good for her

If you see any posts advising you are right to let your twatty ex keep her I'll eat my hat

Leverpool · 26/09/2024 19:25

None of this sounds good/right. In this order I’d:

  • get angry
  • get your DD from school
  • get a new solicitor
  • get some therapy whilst new solicitor is sorting this out

Good luck to you and don't move her awesome school.

OhMaria2 · 26/09/2024 19:29

You need support. Does anyone know an organisation that could help that OP can phone?

MissUltraViolet · 26/09/2024 19:32

You really need to be angry right now, you needed to have been angry this whole time, get angry quickly.

Sounds like you are allowing this vile pig to continue to abuse, bully and manipulate you to the point you have allowed him to take your daughter and not give her back and now you are asking if you should move her school to be closer to where this bastard lives. WTF!? No.

New solicitor ASAP, tomorrow morning first thing sort it out. Go and get your daughter.

RachPelders · 26/09/2024 19:39

The only stipulation was she wanted a pet at home (ExH has pets) which I am happy to agree to

I feel like there might be some important info missing tbh.

If your dd wanted to live with you so much, why is she putting conditions on it...and why are you negotiating with her? Because it sounds like you're trying to coax her back with promise of a pet.

Coconutter24 · 26/09/2024 19:43

Do not move your DD from her school that she wants to stay at whilst this shit show is going on. If she’s happy at school and it’s her one constant why take that away from her?
If you have PR why don’t you just take her back? I’d rather have an angry ex than only seeing my child twice a week. Get a new solicitor who is actually going to fight for you and your daughter!! Your daughter would probably be listened to in court if asked where she wants to live

Vgbeat · 26/09/2024 19:46

I'd leave her in school, with everything else so up in the air ut will give her stability. As a middle school she's got.a few more years where of you move her she will have to move again in September as well

XelaM · 26/09/2024 19:48

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.

THIS!! What have I just read?! 😳Get your daughter home!!!

Worried8263839 · 26/09/2024 19:51

Completely agree, this is AWFUL advice from your solicitor!!

Nazzywish · 26/09/2024 20:13

Get a new solicitor. They are the problem here. Your still being abused.

Nazzywish · 26/09/2024 20:14

Post on legal for advice

AgathaMystery · 26/09/2024 20:17

RachPelders · 26/09/2024 19:39

The only stipulation was she wanted a pet at home (ExH has pets) which I am happy to agree to

I feel like there might be some important info missing tbh.

If your dd wanted to live with you so much, why is she putting conditions on it...and why are you negotiating with her? Because it sounds like you're trying to coax her back with promise of a pet.

This.

WeightLossGoal2024 · 26/09/2024 20:18

Leverpool · 26/09/2024 19:25

None of this sounds good/right. In this order I’d:

  • get angry
  • get your DD from school
  • get a new solicitor
  • get some therapy whilst new solicitor is sorting this out

Good luck to you and don't move her awesome school.

This

You and your DD need away from him

carly2803 · 26/09/2024 21:39

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.

get a better solicitior - tomorrow!!

he cannot do that!
your solicitor gave you absolutely shit advice!

do not move schools too - poor girl has one bit of stability in her life - the school! do not move her - that would go against you!

YellowphantGrey · 27/09/2024 16:38

Your child has also been living with your ex full time now since January this year, so 9 months.

When is it back in Court? Is that how long Court waits are now?

NeverHadHaveHas · 27/09/2024 18:18

I honestly can’t believe a solicitor has given that advice.

Boomer55 · 27/09/2024 18:27

I would imagine there is more to this story than the OP has provided.🤷‍♀️

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