Family Law - Ex wants to prevent me changing our childs school

[oohbehave]

I have been separated from ex about 2 months now. Our child is 4 nearly 5. She has been attending pre-school for the past year or so near where we used to live. When we split up I left the family home, took our 2 children (one not of school age) about 45 mins drive away to my parents and have registered our 4 year old at the local school. I have been looking for a new home near my parents for the children and I.
I (rightly or wrongly) didn't discuss this with ex, he works full time and has taken no interest in their actual care up until now. he loves them very much but all the work is down to me.
He wants to take me to court before school starts again to prevent her starting at her new school and to have her attend her old school.
Does anyone have any experience of this? What will happen at court?Are they likely to find in my favour, and does anyone know of anywhere I could have a look at similar cases and find out their outcomes?I have googled but without much success!

TIA

The first question is whether he has parental responsibility. If you are or were married to him or he is named on the birth certificate, he has PR. This means that he has a right to a say in where you child attends school. However, that doesn't mean he gets to decide - you have PR too.

In general, where there is a dispute between the parents on matters such as education the courts tend to favour the parent with care (i.e. you) unless that parent is clearly not acting in the child's best interests. As taking your child to her existing school will involve a 45 minute journey each way, it seems unlikely that they would come down in your ex's favour.

Has he checked if your child can go to her existing school? If you have told the school that you don't need the place any more, it may well have been allocated to someone else.

I assume that as she no longer lives in the catchment area of her old school (and it was never HER school anyway - the pre-school would be completely different to the main school and attending has no bearing on places.) I assume that your child would probably have not got a place at the school.

Hi, thanks for replying.
He does have parental responsibility although we were not married.
Our child had a place at the school she has been attending, however I have registered her at a new school since then and have not contacted the old school. I would assume there is still a place there for her.
I guess this will also have an impact on who get residency of the children as he has been saying he will also apply for full residency? he's only after full residency of DD though, not DS

nope no where near the catchment area of the old school, he wants her to remain there though while we sort out residency although he has been refusing mediation

Surely no court would split up siblings, is he mad. That looks so bad for him.

If you accepted the place at the old school and haven't contacted them since that place should still be there.

He is unlikely to get residency of your DD unless he goes for your DS as well (and I doubt he would win even then). Refusing mediation doesn't help him - it makes him look unreasonable. I don't see any strong arguments for him winning at the moment based on what you have posted.

It is, of course, best if you can resolve this between you without going to court. Does he really want your DD to go to the old school or is he just upset because you didn't consult him?

he thinks i'm 'ruining her life' by moving her from her school. I do feel guilty as she has made lovely friends but she is only 4 and will make more easily.
He thinks i am suffering from depression and will eventually go back to him, he has told his solicitors that i have been leaving the children with my parents and have not been a 'hands on' parent since moving away which just isn't true.
He will never willingly allow me to stay here with them and will fight as much as he can

why did you leave - was he abusive? why would he not want the other child?

there is probably more backstory to this - you dont have to say - but maybe speak to solicitor...

I left for lots of reasons. We would get on fine as long as I didn't mind him spending all his free time drunk/asleep. I got tired of coming downstairs with the children to find him passed out drunk on the sofa surrounded by empty bottles, and screaming at him and his friends to be quiet when the children and I were trying to sleep and they were all round at our house.He has smashed up my belongings and the house during arguments although this doesn't happen very often,and would verbally abuse me in front of the children.
It wasn't crap all the time but there are thing that happened in the relationship that children shouldn't have to see and I would hate for my daughter to end up in a similar relationship.

He has said himself that he hasn't bonded with our youngest child very well, before youngest was born ex would say how you can't do much with them before they are 1. He refused to change pooey nappies or do bath times and since the baby was breastfed that doesn't leave much else you can do with a young baby! (he would not help settle him to sleep or go to him in the night)

Anyway,I have seen a solicitor, she doesn't seem to think I will have problems with changing the school but obviously can't say for sure that it will all be ok. The past few weeks have been very stressful and i could do with reassurance that it will all turn out ok

No-one can say for certain that it will turn out ok but based on what you have posted I would be surprised if the courts came down on his side.

thanks, I can't wait for these next few weeks to be over. I'm hoping that once she's at school here the court will not want to move her.

is there a record of the damage to your belongings, his behaviour etc?

certainly you do have to consult him - but given the background it does put another spin on it - but could he deny everything you say happened? you ahve to be very careful if it goes to court that you not coming across as angry ex who wants to jsut take away the dcs from him...

clearly there are good reasons to have her at local school to you - have you rpesented these to him in writing /at mediation etc?

speak to your solicitor about how it might look to a judge who has only had cursory glance at paperwork and has had a stream of cases that morning of bitter exes using the children to get at the other parent - it can really skew things...espec if he presents clear adn calm and as the wounded victim in this...

having hard evidence of why you left i.e. his behaviour could really help to explain why it makes sense for her to be at local school near to you - if his lifestyle isnt conducive ...