Ok, so next question for my good friend who is having massive problems with her ex, who seems intent on causing problems but they have a genuine dilemma. (thanks all for advice on the law book by the way- she is going to buy the recommended one about family court without a lawyer)
So hopefully someone will know the answer to this or have some ideas. She is contacting solicitors later this week but the less time she spends there the better for cost reasons, so some info to go in armed with would be fab.
Basically her and her ex lived together in town (A). When they seperated she moved to town (B) and he moved to town (C). Their eldest child was already registered with the local primary before they seperated (in town A) so he started there last September. It is a nice school, nothing special just standard state primary.
They share care of the kids, informally at the moment, no residency orders (not yet anyway). They stay with him for a week, then her for a week and so on. They have a 30 min drive to school when with her ex (their dad) and a 15-20 min drive when with my friend (their mum).
Anyway. It's now time to apply for the next dc's school place. Her ex will make the application as he tends to organise all paperwork, dr's appointments etc for the children. Her Ex has a primary school next door to his house, literally next door, 15 second walk door to door maximum. My friend also has a nice local primary about 10 min walk away from her house. Both good schools so no massive difference quality wise between them.
So, My friend wants to apply for youngest child to go to the same school as eldest. He may not get in though as both parents homes are now massively outside of the catchment area. She is aware of this and so in case he doesnt get the place she also wants to apply for him to go to her nearest primary. Her Ex wants to apply to his nearest. They both then intend to move eldest DC from his current school to the nearby one as journy to two schools each morning isn't possible at all for her and difficult for him.
Going to school near either parent means that the children will have a 45-50min drive from the other parents house each week day they are with the other parent.
It's a stalemate. Either way the other parent is faced with a long journey, unless the kids change their routine and start staying with one parent more often on weeknights.
The EX has now said to her (via email which she has printed off and shown me) he intends to apply to court for a "specific issue order" to enable him to be the one to apply for youngest DC to go to his local school. He says its because:
- He has the children's benefits at his address so he should be the one to make the application from his address now that there is a dispute.
- He (with help from new wife) could faciltate the children staying with him the majority of weekdays, so they don't have a long drive for school- my friend can't do this as she sometimes works nights the weeks that the kids are with him.
- Because he and his new wife can facilitate the two school jouneys whilst eldest DC waits for a place at the school youngest DC goes to- and she cannot it should be him who chooses the school place. My friend honestly doesn't know how she could facilitate it as she is a lone parent and can't be in two places at once.
She's worried that he will get the order.
What do you think? Will a court make an order for something like this? Is he likely to get what he wants ie the children more week nights changing their current pattern?
Thank you for any advice- she's coming over tomorrow night so will show her any replies.