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Original poster

Moving house and childs school - but partner has objected to school move.

20 replies

chw8711 · 22/08/2022 19:09

I am currently in the process of moving to live with my partner, my ex partner (and children's dad) was informed and has called the local authority to object to the move and block the application, and I am now in a difficult situation as I can't move their schools, but I'm about to leave the area - I've handed in notice on my current house, sold most of the furniture, and have no intention of staying...

The ex partner and children's dad has no parental rights due to domestic violence, but has a few hours of supervised access per week - but basically overnight stays etc are not allowed, he can't pick them up or take them to school alone etc - his parents basically have to do this for him (with my agreement, his parents are his supervisors) so he does still see the kids.

The move is only 30-ish minutes away, so nothing major - I'm not moving to the other side of the world. His family and him all have cars but regardless of that, I've offered to help wherever possible in dropping the kids off to him/his grandparents to limit the impact of fuel costs etc (they would pick them and drop them to school 1 day a week - and 2 days a week every other week).

I'm trying to be as amicable as possible, but I feel like (despite us being separated for several years now) - he is still very much controlling and dictating key decisions in my life! How do I get this resolved and move on with my life, get out of the area and have my kids in a happy situation!

Any help would be appreciated.
Thanks

OP posts:
Threelittlelambs · 22/08/2022 19:10

How has he blocked the move without parental responsibility?

RNBrie · 22/08/2022 19:11

Can you prove he does not have Parental Responsibility? If so I'd call back the local authority and explain, ask where you send the proof he has no PR and they should allow the move to go ahead. If you can't prove he doesn't have PR, I'm not sure what you can do.

MolliciousIntent · 22/08/2022 19:12

If his parental responsibility has been terminated, he can do absolutely nothing to block the move, or anything else. Show the LA the paperwork surrounding the removal of his rights, and you should be golden.

Original poster
chw8711 · 22/08/2022 19:55

It sounds like he's just called the school, said that he's dad and that he objects. from that it sounds like the LA have just blocked their applications without any other info.

They've been provided with a court order however the LA have responded saying there's no mention of which school they must go to (it's not a specific mention in the order).

It looks like the person responding from the LA is just an assistant, so I'm thinking I may need to escalate it and make clear the lack of parental responsibility on his side. From what I can gather, having parental responsibility removed is very rare, so it's possible this isn't something the LA deal with on a day to basis, and are not familiar with this - but I feel like I may have my work cut out to explain it!

I'll give it a try tomorrow, and perhaps get the document that shows it and highlight it specifically for their benefit.... I'll post back how I get on!

Thanks

OP posts:
girlmom21 · 22/08/2022 19:57

How did they get a court order without any communication with you?

BaronessEllarawrosaurus · 22/08/2022 19:59

Has he had parental responsibility removed or is he just not allowed unsupervised access. It would be rare to remove rights.

Dancingwithhyenas · 22/08/2022 20:01

If he genuinely doesn’t have parental responsibility then his objection has no more weight than an auntie or granny who doesn’t like the idea of you moving. You need to robustly challenge this with the local authority and not accept delays either. Make an official complaint in writing if you don’t get to someone senior enough to have a sensible conservation with by phone.

dribblewibble · 22/08/2022 20:02

It's very rare that his parental responsibility would be terminated. Are you sure he's not just not allowed unsupervised contact?

CornishTiger · 22/08/2022 20:02

Parental responsibility are seldom actually removed. There might be a court order regarding access but if it doesn’t cover stuff as as who makes decisions etc then he still has PR for those areas

Original poster
chw8711 · 22/08/2022 20:04

BaronessEllarawrosaurus · 22/08/2022 19:59

Has he had parental responsibility removed or is he just not allowed unsupervised access. It would be rare to remove rights.

They have been removed - there's a substantial story behind it but this probably isn't the time for the detail!

OP posts:
felulageller · 22/08/2022 20:07

If his parental rights were removed he wouldn't be having any contact.

Even men who sexually abuse their DC's keep their parental rights!

You may have to go to court to get a judge to overrule him if you can prove it's in the child's best interest to move school.

How does the child feel about this? The court will give most weight to their views.

Original poster
chw8711 · 22/08/2022 20:35

felulageller · 22/08/2022 20:07

If his parental rights were removed he wouldn't be having any contact.

Even men who sexually abuse their DC's keep their parental rights!

You may have to go to court to get a judge to overrule him if you can prove it's in the child's best interest to move school.

How does the child feel about this? The court will give most weight to their views.

I would suggest that's probably wrong - but I'm confident he doesn't have parental rights. I've not got the court order to hand but will get it in the morning and double check everything and take the advice given!

OP posts:
Original poster
chw8711 · 22/08/2022 20:41

chw8711 · 22/08/2022 20:35

I would suggest that's probably wrong - but I'm confident he doesn't have parental rights. I've not got the court order to hand but will get it in the morning and double check everything and take the advice given!

Show quote history

And to add - the child is very much distraught at the fact they can't go!

OP posts:
User354354 · 22/08/2022 20:47

If he has no PR it's a joke that he can stop the school move. Technically the same as an uncle calling and saying 'hey, I'm not happy with the school move, put a stop to it'

Have you provided the LA/school with the proof he has no PR

Original poster
chw8711 · 22/08/2022 22:11

Dancingwithhyenas · 22/08/2022 20:01

If he genuinely doesn’t have parental responsibility then his objection has no more weight than an auntie or granny who doesn’t like the idea of you moving. You need to robustly challenge this with the local authority and not accept delays either. Make an official complaint in writing if you don’t get to someone senior enough to have a sensible conservation with by phone.

Thank you - I think this is exactly the words I needed to hear. I'm going to review and double check the specifics tomorrow to make sure everything is in order, but this is exactly what I intend to do! - I'll update as I know more.

Thanks again!

OP posts:
Original poster
chw8711 · 22/08/2022 22:13

girlmom21 · 22/08/2022 19:57

How did they get a court order without any communication with you?

My solicitor from the previous case sent it over after raising it with them, but it seems that because there's no mention of a specific school they aren't accepting it (maybe that's what they are used to - but it seems that is probably the case for split parents that still have rights, it sounds to me as though losing parental rights is pretty rare - so perhaps not something they are familiar with..)

OP posts:
Whiskeypowers · 22/08/2022 23:57

If he really doesn’t have the ability to exercise PR has it been done via a prohibited steps order?
If so is that PSO incorporated in the CAO?

Whiskeypowers · 22/08/2022 23:58

User354354 · 22/08/2022 20:47

If he has no PR it's a joke that he can stop the school move. Technically the same as an uncle calling and saying 'hey, I'm not happy with the school move, put a stop to it'

Have you provided the LA/school with the proof he has no PR

Domestic abuse is automatically raised as a safeguarding issue and therefore school and the LA would be aware
if he’s not allowed to see his children there will be a backlog of issues that the police and LA will be aware of and involved with

Riham · 23/08/2022 22:45

Moved from England to Scotland because of my ex and domestic abuse , now the court asking for return of the kids.
I moved with my kids to Scotland and my ex took me to court and I couldn't find a solicitor who can hold my case as English law is different. I done witness statement by myself, which my English is not good enough but I gave it a go. I was late on handing the statement and I didn't know that you are not allowed to send screenshot attachment after the judge said I did breach order and ruled the kids to go back to England. Please any idea what I can do as I don't want to go back.

Collaborate · 24/08/2022 10:56

It would be very clear if the court had made an order removing his parental responsibility so the fact that you talk of "parental rights" makes me think the order doesn't say what you think it says.

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