Do I need ExHs permission to take DC out of school in term time?

[3DaysNeeded]

Exactly as title says

ExH has PR, and there’s a CAO for contact. I’m the RP. 1 shared DC.

Been invited to a wedding and it’ll mean 3 days out of school for DC.

Likely to get fined as DC has less than 90% attendance due to a medical issue - those are all authorised but I’ve been told that it’ll still trigger a fine if I take Unauthorised Absense.

HT is unlikely to authorise the wedding – even if she wanted to she says she can’t.

Do I need ExHs permission? And what happens if I take DC out of school without it?

The issue that you have is that you cannot be certain it will only be a fine. What happens if you're ex gets a criminal record?

@ArnoldBee How would he get a record for it? Does that mean I could to?

In theory, both parents can be fined.

He can't actually stop you doing this (though I guess he could seek a prohibited steps order preventing you from taking DC out of school when unauthorised)

But if he is fined as well, I think you need to do the decent thing and pay his too (as it was entirely your decision and action, so wrong for it to cost him)

You don't mention age of DC. If year 11 or 13, don't do this. Go alone and have them stay with a friend or something.

No one will get a criminal conviction, unless they refuse to cough up the fixed penalty.

Everyone with PR can however be fined, even if the absence was entirely down to the other parent.

@RoseAndRose I can't go alone as I have no childcare, my only overnight childcare (my parents) will be at the wedding, so if I don't take DC out of school I won't be going either.

I will of course pay ExHs fine.

DC is Key Stage 2 age and will still be when the wedding happens.

Why would it be 3 days?

Could exh look after the dc?

Which is absolutely shit really

@Crumbcatcher Wedding is on a Wednesday and is 6 hours drive away, so I'd need to take DC out of school on the Tuesday and Thursday to allow travelling, even if I did after the Wedding on Wednesday setting off at say 5pm will still mean we're not home until 11pm which would mean early hours bedtime with settling etc. so they'd be exhausted for school

@gogohmm He won't have DC outside of his contact time which includes in the week so no he can't. If I ask he'll say no.

Basically the LA cantankerous you both to court anytime they want and yes you could both get a criminal record. LAs often invite you to pay a fine but its not guaranteed.

Just don't go to the wedding

I’d really hope that you wouldn’t get a criminal record for taking children to a family wedding, it seems absurd. A day travelling either side of the wedding seems reasonable to me. Can you ask for more
guidance from the school as to the consequences?

It's not a criminal matter, it's a civil one so you won't get a criminal record.

https://www.gov.uk/school-attendance-absence/legal-action-to-enforce-school-attendance

You have a CAO so as resident parent you can take them away without his permission, its the school time bit thats more tricky. Personally I'd go without telling him and if he gets a fine just say you took them to a wedding and pay it.

It is a criminal matter, not a civil one.

Under the Education Act 1996 S444, the parents of a child of compulsory school age who is a registered pupil at a school commit a criminal offence if the child fails to attend regularly. That is normally dealt with by a fine rather than a criminal prosecution but, if prosecuted and convicted, the parents will have a criminal record and they may receive a prison sentence of up to 3 months.

Having said that, I would be very surprised if the local authority prosecuted in OP's case, although the fact her child's attendance is already poor makes it more likely than it would be for most parents.

It's in our CAO that the children can't have time out of school in term time. Exh wanted to take them when they were 5&7 to a funeral and have a week of school for it. School refused and I said this wasn't necessary, since his only contact during this time was one evening tea time. Therefore I had the children all week.

So if ex refuses, surely he should do the childcare.

I wouldn't have told the school and just called them in sick tbh. If you get fined, just offer to pay his fine and be done with it.

Do I need ExHs permission? And what happens if I take DC out of school without it?

If it isn't on his contact time and it's in the UK then you don't need to ask his permission. It is also probably better you don't inform him in advance.

This means you should tell your own children at the last minute they are going to the wedding as they shouldn't be keeping secrets from either of you for their own safety.

If he then gets a fine, so informed by the school, just pay his fine and apologise.

If they miss 6 sessions (3days) it'll be a fine per parent per child £60. If you are smart then let them get their mark on the Tuesday afternoon and pick them up at 1.30 to set off .but of course that is playing the system . Please don't lie and do tell school in advance anything else is a complete pain

The level of fine is not guaranteed. Each LA sets its own policy. Whilst most fine per period of absence, some fine per day. Legally, they can fine for each half day missed, although I don't know of any that do so. So the fine (if there is one - again, not guaranteed) will be somewhere between £60 per parent per child and £360 per parent per child, although it is unlikely to be more than £180 per parent per child.