School choice - legal dispute

[Cimarosa]

Posting on behalf of 3rd party.

Child due to start secondary Sept 2011

Basically, parents have 50/50 joint residency. Mum has moved twice, once within catchment, then again, out of catchment, but not too far.

Mum wants child to attend her catchment school - would mean move to middle school for one year, then not very highly regarded secondary. No friends from current school will be attending. School is not overly far from dad.

Dad wants child to attend better school that current primary (where dad lives) feeds in to. A distance from mum (who originally moved into this town), but dad is prepared to arrange transport (himself). Childs current friends will attend this school.

Parents due to attend mediation.

What is likely outcome?
Any other advice?

over emphasis on friends....dont think friends is relevant at all. it can all change at secondary anyway, with regard to friends from pirmary.

how far is the distance? what sort of travel?

better and worse school depends onteh chgild' needs anyway eg academic school might not be best school for non-academic child. etc. too many unknowns.

but if child is average and will do fine at either school then seems to be about preferences more than anything.

School 1 (dads choice) - 10 mins from dad, 40 mins from mum - transport from dads (original home village) available.

School 2 - (mums choice) - middle school, then secondary, so two changes, around 30 mins from both mum and dad, but transport available from mums as catchment school.

Dad would be prepared to arrange transport from mums to school 1.

Child is not particularly academic, but then neither are either of the schools, although school 1 has very good reputation.

So whose preferences matter most? Mum, dad or child?

dunno really! i guess they each have to put pros and cons down and sit with a mediator to come to a solution....mum dad and child.. depends also how teh 50/50 works ie is it one week on/one week off - or split weeks? that might have a bearing?

One week on, one week off.

Also, the primary school have expressed an opinion to one of the parties - is likely to have any influence?

In mediation no-one's preferences matter most. It is up to the parents to try and sort it out between them with the help of the mediator.

If they fail to do so it will be up to the courts. They would try to determine what was in the best interests of the child. In this situation with care shared 50/50 there is no simple answer as to what the court would do.

The parents really need to try and sort this one out between them. Going to court is expensive and can be something of a lottery.