Moving schools - ex refuses to agree

[jayho]

My ex has pr, he will not agree to me moving the children 10 miles to different schools. No variation to contact.

DS1 is Y7 his school has been put in to special measures, I can get him in to an outstanding school ten miles away. He has had issues with bullying and friendships and is keen to make a fresh start plus I would be local to support him whereas I currently work 15 miles from his school meaning gaps at beginning and end of the day.

DS2 is Y3 his school is fine but only feeder school is the failing secondary DS1 currently attends. My logic is that transferring him to a feeder to the outstanding school now is in his best interests, keeps the children 'together' and facilitates care.

Flat refusal to contemplate from ex.

We have been to court, judge refused to rule said we should agree amongst ourselves and should visit schools and decide what is in the children's best interests. Ex agreed but has now renaged and flatly refuses.

What can I do?

I'd argue more strongly with the Local Authority

That won't get the OP anywhere. It needs the agreement of everyone with PR to move a child to a different school. In the absence of agreement the children must stay at their current school. Contrary to your post, DS1 does not have any say in this decision. Also, in the unlikely event that the LA forgot its legal duty and agreed, it sounds likely that the OP would be in breach of the court order and hence in contempt of court. Right now it is clear that her ex is being unreasonable, which helps the OP if this goes back to court. It is in her interests to keep it that way.

And no, there is no legal basis for saying that the rights of the parent with care trump the rights of others with PR when there is a disagreement over education, medical treatment, religion, etc. If the parents cannot agree the courts will decide what is in the child's best interests. There is no presumption in favour of the parent with care.