Changing children's school

[Whatiwishfor]

My divorce will hopefully soon be here, i will then be selling my house and moving. My only concern is that my two dear children will then have started school. My stbxh is not a reasonable man and at present will do anything to make my life difficult, i know he has a legal right (quite rightly) to have a say in what school our children go to, but how far can he take it? Hes already taken me to court regarding the children twice and know this will be a good excuse for him to do it again. I have a residency order so surely this must give me some weight as its me who has to get them to school and home most days etc etc

He can ask the court to intervene in relation to school, but unless your choice is completely unsuitable, the Court is likely to agree with your choice.

How far will you be moving?

Hi there MrsBertBibby
Thank you for your response. I only plan to move 7 miles nearer my family so that im able to work more and have help with child care.

Unfortunately he appears to like the court process. My children are still very young and obviously i would rather not have to move them schools but i need to try and secure a better future for us all. Hes also made it so difficult to remain in the family home, i need to move for my own sanity. Hes already moved an hour away with a lady and her children so what school they go to shouldnt really have much impact on him.

My view is that you must tell him well in advance that you are planning a move, tell him what schools you favour, so he can go see. If he has a view you must consider it.

I know many on here will say if you can't agree you have to apply. I disagree, there is nothing to stop you changing school to the school of your choice, provided you have considered his views. It is up to him in my view to decide whether he wants to involve the court.

If he still disagrees he can apply to stop you and have the Court decide. He is frankly likely to get short shrift from the court. Especially if he knew your plans early and applies at the last minute to stop you. The essential thing is to get the ball rolling sooner rather than later, and to have a paper trail.

I agree.
If you put the onus on him to look at schools in your proposed catchment area, do the research, visit the schools and give you his opinion of each one, the chances are he will take umbrage and refuse to do it.
If all communication is by email you will have a good record of the process.
You can do your own research and keep your own records.
All useful if he tries to create a problem later on.

Firstly you had the discussion with the ex to obtain their view on it ... if he comes back saying over my dead body then you will kind of know he will apply to court ... personally I would apply to court if the children have made friends and there is no real reason to move them ... you say you are going to move 7 miles away ... the children could be driven to there old school surely?

You may have to move them if you are moving out of catchment.