Can I move my daughters school?

[Illuminore]

Hi - wondering on the legalities of moving my daughter to a new school? It's a much better school (top in our county), closer for me (resident parent) and around 3 or 4 miles from my ex's house.

He'll refuse.

I'm wondering if I need prior consent or whether I can move her anyway, and it's up to him to get a specific issue order if he doesn't approve?

Please no judgement, if I have to go to court for a child arrangement order I will, I'm just trying to save some money because I know he won't bother going if it was left to him.

Thanks all

Does he have parental responsibility?

In our LEA you only need one parent with PR to sign the paperwork for an in-year transfer, unless the child has an EHCP, in which case you need both to sign.

It may well be different where you are, so I would check the rules in your LEA.

you only need one parent with PR to sign the paperwork for an in-year transfer

And yet the law is that everyone with PR should be consulted on a change of school.

The tricky thing is that if you just move the child, a court may not feel it is in the child’s best interests to move them back and even if they did, the place at the original school may have been allocated to someone else.

You should apply for a specific issue order if you cannot agree.

Yes he has parental responsibility.

Thanks all. That's what I was struggling with, according to my LEA I don't need his signature, so I was a tad confused.

@MissMalice does consulted mean we would need to agree? Or that I let him know and give him the opportunity to get a prohibited steps order if he decides that's best?

You need evidence to support why the move is in your daughters best interests - league tables, subjects etc.

Brilliant, that was the sort of thing I was looking for I suppose.
The school is the city's top state primary, in terms of league tables, ofsted outstanding, they teach a MFL, swimming, a musical instrument from Y4, all things the current school doesn't offer.
She's an exceptionally bright kid, so she'd thrive if I was able to move her.
I just know her dad will say no, out of spite for me, even though it's only a couple of miles down the road. 3.1 miles according to google.

You need evidence to support why the move is in your daughters best interests - league tables, subjects etc.

Not in our LEA you don’t.

If you want to move, you just fill out the relevant bit of the form, give it to the school you’re leaving to fill out their bit, then send it to Admissions.

You need the evidence you describe to appeal against not being offered a place at a preferred primary or secondary, but not to move from one school to another.

But just because the LEA says I can move her with just my signature, I assume that doesn't mean I can do it legally?
My main point I suppose is whether I can do it and it would be up to him to contest it before September with a prohibited steps order or whether I would have to seek a specific order issue and then move her.

Not in our LEA you don’t

People on this thread are answering two different questions.

Regardless of what the LA requires on the forms, the law is that everyone with PR is entitled to a say in the choice of school. If the parents cannot agree and the matter goes to court, evidence that the move is in the child's best interests will be needed.

@prh47bridge thank you.
My question is whether I have to take it to court beforehand, or whether it would be up to him to take it to court to stop me? So whether it's permission from the court I need, or preventative action he would need to take.

I think she meant that evidence might be needed to persuade XH, or a court (if it came to that)

A good school may well be full, so you can do this one bite at a time. Get her onto the waiting list, and see whether XH can be persuaded. His new school run will be just over 3 miles (so 45 minutes walk if brisk) - out of interest, what is it at present?

And where does DD live (just wondering who does the school running)

I'm assuming you are talking about primary age. If secondary, it would be much more down to your DD's opinion.

@meditrina she lives with me, he has her one night a week overnight and drops her at school the next morning. Current school run for him (his girlfriend does it anyway, no him) is about half a mile, the new one would be 3.1 miles for him.
Yes, primary school age.

If the parents cannot agree and the matter goes to court, evidence that the move is in the child's best interests will be needed.

One of our families went to court over this. Although the court order said both parents should be consulted, it wasn’t binding (I can’t remember the exact term used), so it meant the children were moved without the non-resident parent agreeing.

@FamilyOfAliens we don't currently have a court order, so I don't know if the same would apply to me.

Yes you have to take it to court before you commit to the move.

I think I’d pay for an hour of legal time with a professional to understand what ‘consulted’ means in this context.

You need his consent, or in the absence of consent a court order. It’s not for him to apply to the court to stop you.

You both have PR so you need consensus for a change of schooling (or an order).

Thank you all, yes I agree, I've got a meeting with a solicitor on Monday. I just thought I'd see if anyone knew.