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Can ds move schools withpermission of just one parent.?

14 replies

mamas12 · 06/01/2011 15:25

Don;t know if this should be here or Lone parents.

My ds wants to move schools, he always wanted to go to another school but Ex really wanted him to go to same one as dd so we told ds that if he doesn't like it he could change.
He had some bullying problems and wanted to move in yr7 but ended up just changing classes. We thought he settled but no, he still wants to move.

He is now in yr9 so he said himself that he should do it now before he makes his gcse choices.

PROBLEM is, ex doesn't want him to move.
Can I move him on my own do Schools need permission from both parents.

My feeling is as he has always wanted to move, he makes a good case to do it.
Ex has really taken against the school he wants to go with allegations about drug use and bullying. Anything really, because he just doesn't like the parents whose dcs go there. Sorry it's a long story with an unreasonable ex.

OP posts:
marlowwills · 06/01/2011 15:55

Depends whether your ex has parental responsibility. Given your son's age, that would depend on whether you were married.

If he does have PR and refuses to consent then you'd have to make an application to the court under the Children Act for a specific issue order.

prh47bridge · 06/01/2011 15:59

If your ex has parental responsibility you need his agreement before your son changes schools. Your ex can, if he wishes, try to get a Prohibited Steps Order to stop you from moving your son to a different school. The court would then decide what was best for your son.

On the other hand if your ex does not have parental responsibility you don't need his agreement to move your son to a different school.

prh47bridge · 06/01/2011 16:01

Cross posted with marlowwills! But agree completely.

Resolution · 06/01/2011 16:14

Take action quickly though, as these things can take time. You should be applying to court now really. speak to the ex, and give him a week to confirm he'll cooperate, otherwise get it in to court. You should get your order, as your son wants to change.

prh47bridge · 06/01/2011 16:29

Have you checked that there is actually a place available for your son at your preferred school? There is little point getting an SIO allowing him to move if not.

mamas12 · 06/01/2011 18:31

thank you for your replies.
Yes we were married so he has pr.
We did check with the other school last year {or before, can't remember exact date atm}and there was a place for him then.
Oh dear ex is so confrontational and I was really hoping that we could work this out but doesn't look like it.

So I have to contact a solicitor now then?

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Xales · 06/01/2011 18:34

Can you not tell ex, just move him and let ex huff and puff and take you to court to move him back?

At his age I would imagine they would take your son's opinion and previous problems at the school into account.

mamas12 · 06/01/2011 20:37

IThat did cross my mind but my life wouldn't be worth living if I did that.
Plus I don't want to come between ex and ds.

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prh47bridge · 06/01/2011 22:10

Check with the school again. The fact that they had a place last year does not mean it is still available now.

Slambang · 06/01/2011 22:17

Tbh I have some sympathy with your x's view. If there are allegations of drug use and bullying in the new school I would also be adamant my ds wasn't going there.

Is there a third school your ds could get to which your ex does not have strong feelings about? Could be a possible compromise solution?

mamas12 · 07/01/2011 21:19

There are allegations of drug use and bullying in the school he is at present slam. Inf probably a lot of schools have these allegations tbh. He just has a dislike of one of the clique of parents there.
prh47 I will check. Just have to broach the subject with ex

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mamas12 · 16/01/2011 12:03

Well after a bit of a crisis weekend with ds I have the most unbelievably passive/agressive text from ex to say fine he can go to other school but he is having nothing to do with the tranfer because he doesn't really agree with it, but will or course go to parents evenings.

So does anyone know what is involved in the process?

OP posts:
prh47bridge · 16/01/2011 17:55

To transfer schools you apply to the LA for a place at the new school. If there is a place available they have to give it to you.

mamas12 · 16/01/2011 22:41

Thanks for the info prh47

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