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Legal question - divorced parents wanting different education

3 replies

MarnaBean · 27/06/2010 20:02

Hi there

A good friend of mine wants to home educate her daughter (age 7) as she has had terrible problems at (a very expensive independent) school.

She has told the school her daughter will not be coming back after summer and her daughter is very happy to be home educated.

Only problem is dad (ex husband) is VERY anti HE. He has sent letters threatening legal action against mum if she goes ahead with HE.

Does anyone know where the law lies in this situation?

Thanks, Bean

OP posts:
anastaisia · 27/06/2010 20:35

Hi.

It can be difficult if the norm for the child is to be at school.

I'd suggest she joins the EO single parent list if she wants advice from people in the same situation.

Is the mum the one dealing with the majority of school problems and day to day stuff?

What I'd do in that position is to write the dad a letter that went something like this

I'd write/email him saying something like this:

"Hello MarnaBean's friend's ex

These are the problems we are having with DD and school. DESCRIBE ALL

This is what we/I have already done to try and solve the problems. DESCRIBE and talk about what contact you have had with the school and anything they've suggested saying what happened when you tried it or why you don't believe it will work. What you and DD have talked about, anything you and ex have discussed.

This is what I would like to try (home ed). However if you(ex) have any other solutions I am happy to try them first. However I will not be fully responsible for carrying out these ideas - ex MUST be fully involved in working through school issues including attending any meetings, events etc.

If ex doesn't have any alternative suggestions or if we try them for x period of time and they aren't helping you will withdraw your DD.

Explain what it involves; we will write to the school and they are responsible for telling the LA. The LA will probably get in touch and you will write back to them telling them you will be taking x weeks/months to settle down and then you will write to them about your educational provision. So you an ex should discuss what you each think are the most important things and how you want to handle home ed. How you'll make sure DD socialises and gets to experience new things. Maybe link to some of the research you've done.

What does ex think are the key things he wants DD to get from education? And what role will ex play? (cheat a bit and spell out the benefits to ex, if there are any, as well as DD - contact wont be determined by school times/holidays. Can ex share his interests with DD more?) What is he concerned about and how can you both make sure that isn't a problem?

Maybe suggest he joins this list for dads and speaks to them about any concerns. Its small and quiet - but I'm sure he'll get an answer if he posts a message.

I know that we both want the best for our lovely DD and hope we can work together on this
MarnaBean's Friend"

I'd think that if she gives her ex every chance to be involved in the process (of trying to keep DD in school or making the choice to withdraw her) then he wont have much of a leg to stand on if he did contest it. And she should keep a record of all this too, so she can show she did involve him and either tried everything ex wanted to keep DD in school or ex didn't support her in keeping DD in school and so she felt had to make this decision against his wishes.

Obviously it all depends a lot on the involvement of the dad and if he's contesting it in the (real or imagined) best interests of his DD, or just to be difficult. And what their relationship is like in general etc.

lilyfire · 27/06/2010 23:11

Hi
I work in family law and home ed.
The legal situation is that they both share parental responsibility for their daughter, so they both have equal legal rights. They can exercise their parental responsibility independently and so she doesn't legally have to consult him about home education, however, if he isn't happy with her decision he can apply to the court for a specific issue order, asking the court to decide whether she should go to school.
Obviously he sounds as if he is contemplating legal action and therefore she should do everything bearing in mind how it would look in court. Therefore, in practice she does need to look as if she's consulting him and involving him. So, I second what Anastasia says. She needs to write to him, putting down the rationale behind home educating, setting out broadly how she will do it and provide for her daughter socially etc and referencing the law and research about home ed.
I think she should also invite him to attend mediation to discuss this, with an accredited family law mediator.
Cases are decided on a 'case by case' basis and the first concern of the court is the interests of the child. However, if it's at all possible to keep it out of court your friend should do so, as no-one should really want to go through the lottery of a stranger deciding what is best for your child.

MarnaBean · 28/06/2010 08:23

Thank you SO MUCH for your help. I really appreciate it and is along the lines I had thought.

Many thanks!
MarnaBean

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