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One parent changing school without permission

7 replies

ItsJustASimpleLine · 20/04/2023 12:00

Parent A has put in transfer papers to kids current school to move the kids to a different school out of the area. Is there a way for Parent B to prevent this transfer until care arrangements are agreed?

OP posts:
Collaborate · 20/04/2023 12:21

First thing is to notify both schools that this is not agreed and they should not process the application.

Second is to speak to the other parent and understand why - is this something that would be agreed in any event? If not, and the other parent won't withdraw the request, and the school is still going to process the request, an application to court for a Prohibited Steps order would be needed.

ItsJustASimpleLine · 20/04/2023 12:54

Hank you.

Don't know the new school but current school have said that they legally have to sign the form within 5 days. Only one parent signature is required.

Parent A has moved area and had signed a Care Arrangement Order to say they will stay in current school but has now put transfer papers in without notifying Parent B. The current school has told Parent B.

They used Wonder.Legal for the care arrangement order so I doubt it is legally binding.

Parent A is not speaking to Parent B.

Parent B is awaiting a call back from a solicitor.

OP posts:
StopMindlesslyScrolling · 20/04/2023 13:09

What is in the best interests of the children?

For example, if the house move has been necessitated by the splitting of assets and one parent can no longer afford to live in the same area, yet is still having to do all school runs, sick days etc and by remaining in the same school the DC would have an hour commute each way to school from their new house, I could understand the reasons behind the school change (though this should obviously be discussed).

If both parents have 50/50 care of their DC and the house move was because one parent has moved in with a new partner they met two weeks ago, then a school move is a ridiculous idea.

Alternatively if the school move is for better educational facilities/to avoid bullying/ chance to study a specialist subject not taught at current school etc, that could be a positive change.

prh47bridge · 20/04/2023 13:46

There is no legal requirement for the current school to sign the form within 5 days. Indeed, there is no requirement for them to sign at all. Parents can change their child's school by simply applying for a place at the new school. The old school's consent is not required.

Collaborate has given good advice. The only thing I would add is that it may be worth parent B informing the local authority (both LAs if the schools are in different areas) as well.

ItsJustASimpleLine · 20/04/2023 16:25

Thank you all.

Marriage break up and Parent A moved away but agreed to keep in school and Parent B to be main residence. But Parent A has decided they no longer want to bring children to school.

No division of assets. Parent A is choosing a different location to live.

OP posts:
PatriciaHolm · 20/04/2023 16:27

Is this a private or state school, and are they in England/Wales? As above, there is no requirement for a state school here to sign anything for a school transfer.

JennyMule · 22/04/2023 10:04

Where parents share PR if one parent (A) unilaterally decides to enroll the child in a different state school, if Parent B informs the admission authority for the new school that the issue of where the child is educated is in dispute the admission authority (possibly the school if an academy, otherwise LEA) would typically decline to process the application until the dispute is resolved via agreement or family court. Fee paying schools mainly care about getting the fees in but want to avoid drama risk of non-payment. If the parents cannot agree then they will ultimately have to resolve at court. Parent B should make clear to current school that the child is not to be removed from the roll and will continue to attend that school until the dispute is resolved (in writing, cc'd to Parent A)if there is any significant delay in waiting for an appointment with their solicitor.

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