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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Any family court solicitors out there?

145 replies

Spookygoose · 24/08/2025 11:06

I’m currently going through a complicated situation with my DD, who is due to start reception on 1st September. Her dad and I are separated and he is opposing the school I have chosen and refusing to let her start. I’m looking for advice about whether I should send her to school on the 1st or not. There’s a lot more to the story and we both have solicitors but I’d really like to get some second opinions, so if there are any family court solicitors on here who or anyone who’s been through a similar situation I’d be so, so grateful for any advice you can give! I’m getting increasingly upset and anxious about the situation. Anyone able to advise me I can tell the whole story in a further post. Thank you :)

OP posts:
Sweetmelonff · 25/08/2025 18:34

Unexpectedlysinglemum · 25/08/2025 18:32

So i would think my process would be writing to him and pointing out-— he agreed school near you so you applied and told daughter she’s going there, it’s in her best interest to go, if he doesn’t agree he needs to go to court to change her school, he cannot unilaterally decide a different school, it’s in her best interest not to be confused and not to be exposed to conflict and a messed up routine, so you’ll be taking her to the school you both chose. If he doesn’t agree to take her to her school on these days then you don’t feel comfortable with midweek contact taking place so will be forced to keep her until his weekend, but can facilitate community contact after school. Please confirm which.

thats a very defendable stance

but if your lawyer can’t advise better I think you need a new lawyer

He changed his mind before applications had closed. 9 months ago.

No court in the land will penalise a parent for changing their mind before applications have even closed well in advance of school starting.

Sweetmelonff · 25/08/2025 18:35

But if this child doesn’t start school because of her parents spats… my god both of them are going to be viewed very very poorly by family courts

Unexpectedlysinglemum · 25/08/2025 18:35

Sweetmelonff · 25/08/2025 18:35

But if this child doesn’t start school because of her parents spats… my god both of them are going to be viewed very very poorly by family courts

I agree! It’s not normal to make a child sit at home until a court date! And get no education

OnePinkDeer · 25/08/2025 18:36

Just send her. You were told this on the last thread.

Sweetmelonff · 25/08/2025 18:37

OnePinkDeer · 25/08/2025 18:36

Just send her. You were told this on the last thread.

Apparently the “good” but inexperienced solicitors thinks the child should be denied the opportunity to start school on day 1 due to her parents spats

Unexpectedlysinglemum · 25/08/2025 18:37

Op I’m really shocked people are advising you not to take your child to a school she is expectimg
to start soon so she can start at the same time as her friends. Just start her! Your position is so defendable especially when ex has refused arbitration etc

Sweetmelonff · 25/08/2025 18:37

OnePinkDeer · 25/08/2025 18:36

Just send her. You were told this on the last thread.

Do you have the link to this thread?

Sweetmelonff · 25/08/2025 18:38

Unexpectedlysinglemum · 25/08/2025 18:37

Op I’m really shocked people are advising you not to take your child to a school she is expectimg
to start soon so she can start at the same time as her friends. Just start her! Your position is so defendable especially when ex has refused arbitration etc

Not just people

apparently the OP’s solicitor 🤔

Sweetmelonff · 25/08/2025 18:57

held). I tried to cancel the other place but they refused as it was DD’s dad that applied for it

wtf

You went to a council, as a non resident, and tried to withdraw the place that the council had given the child’s parent and who is a resident of said council.

OnePinkDeer · 25/08/2025 19:07

Sweetmelonff · 25/08/2025 18:37

Do you have the link to this thread?

Yes I posted recently but got lots of (well meaning I’m sure) but inaccurate replies, so that’s why I’m wondering if there a. Any family court solicitors or b

As the OP she admitted posting previously

Sweetmelonff · 25/08/2025 19:11

OnePinkDeer · 25/08/2025 19:07

Yes I posted recently but got lots of (well meaning I’m sure) but inaccurate replies, so that’s why I’m wondering if there a. Any family court solicitors or b

As the OP she admitted posting previously

Come again?

I was asking for a link?

OnePinkDeer · 25/08/2025 19:15

Sweetmelonff · 25/08/2025 19:11

Come again?

I was asking for a link?

Yes, and i'm telling you to ask the OP i'm not looking for it.

She admitted this is the second time she's posted a thread, so ask her to find it or you look for it yourself. I recognized it, as it was very familiar but I m not looking it out for you.

titchy · 25/08/2025 19:18

Unexpectedlysinglemum · 25/08/2025 18:35

I agree! It’s not normal to make a child sit at home until a court date! And get no education

OP’s solicitor has advised not starting her. The experienced solicitors on this thread have said the same.

Kids change school all the time, kids start school in different terms to the others in their class - yes to you it feels like major upheaval for a shy anxious child. But unless that shyness and anxiety is something that will
tip her into a serious MH condition I doubt a judge is going to take that into account given her age. She will deal with starting later than the others. She may be a bit clingy and overwhelmed to start. But only in the very short term. The judge will be considering her long term best interests.

Sweetmelonff · 25/08/2025 19:27

OnePinkDeer · 25/08/2025 19:15

Yes, and i'm telling you to ask the OP i'm not looking for it.

She admitted this is the second time she's posted a thread, so ask her to find it or you look for it yourself. I recognized it, as it was very familiar but I m not looking it out for you.

well you weren’t telling me that actually in your initial post

but ok

OnePinkDeer · 25/08/2025 19:27

titchy · 25/08/2025 19:18

OP’s solicitor has advised not starting her. The experienced solicitors on this thread have said the same.

Kids change school all the time, kids start school in different terms to the others in their class - yes to you it feels like major upheaval for a shy anxious child. But unless that shyness and anxiety is something that will
tip her into a serious MH condition I doubt a judge is going to take that into account given her age. She will deal with starting later than the others. She may be a bit clingy and overwhelmed to start. But only in the very short term. The judge will be considering her long term best interests.

But the problem is you don't know if the op is genuine, and you don't know if the experience solicitors on here are even solicitors at all.

Sweetmelonff · 25/08/2025 19:29

titchy · 25/08/2025 19:18

OP’s solicitor has advised not starting her. The experienced solicitors on this thread have said the same.

Kids change school all the time, kids start school in different terms to the others in their class - yes to you it feels like major upheaval for a shy anxious child. But unless that shyness and anxiety is something that will
tip her into a serious MH condition I doubt a judge is going to take that into account given her age. She will deal with starting later than the others. She may be a bit clingy and overwhelmed to start. But only in the very short term. The judge will be considering her long term best interests.

What post on this thread is by an experienced solicitor recommending the Op deprive her daughter of day 1 of her education.

This will rightfully be viewed as an appalling act by the family courts.

everychildmatters · 25/08/2025 19:34

He has PR so if you don't agree which school you will have to have it decided through court. The issue is now you will be waiting a very long time for a court hearing. You cannot personally force your ex to send her to a school he has not agreed to in the same way as he cannot personally force you.

OldGothsFadeToGrey · 25/08/2025 19:34

prh47bridge · 25/08/2025 16:40

My thinking is that a judge is unlikely to then decide she should move to the other school if she’s already started at that one

This is the problem in a nutshell. You are, in effect, trying to blackmail the court and pre-empt the court's decision. Your daughter does not have to start school until the start of term following her 5th birthday. It is unlikely she will be the only pupil starting Reception part way through the year. Don't make yourself look like the unreasonable parent.

However when this happened to my relative and the father refused to give child back or take her to the school she had a place in, social services arranged a school place near to the father.

The judge made some very scathing comment s regarding the delay and impact on the child - who didn’t turn 5 until the following April.

carly2803 · 25/08/2025 19:38

whens the court date?

from a parents POV start her at school! do not let her miss out with her friends

everychildmatters · 25/08/2025 19:39

If it is 50/50 your ex has every right to put her in his "school of choice" equally as no choice trumps the other.

titchy · 25/08/2025 19:41

OnePinkDeer · 25/08/2025 19:27

But the problem is you don't know if the op is genuine, and you don't know if the experience solicitors on here are even solicitors at all.

Now that I’ve re-read the thread, I notice that there are two (not one) very sensible, very long standing regulars who are both experienced family solicitors, have offered excellent and sensible advice over ten plus years. So yes, I am absolutely sure they are genuine.

titchy · 25/08/2025 19:43

carly2803 · 25/08/2025 19:38

whens the court date?

from a parents POV start her at school! do not let her miss out with her friends

If I remember the other thread correctly, the court date is before Christmas, so will be decided before the child is of compulsory school age.

Sweetmelonff · 25/08/2025 19:43

titchy · 25/08/2025 19:41

Now that I’ve re-read the thread, I notice that there are two (not one) very sensible, very long standing regulars who are both experienced family solicitors, have offered excellent and sensible advice over ten plus years. So yes, I am absolutely sure they are genuine.

And what have they advised on this thread? For the child NOT to go to school on day 1

Imagine what the family court will think

two fucking selfish parents denying their child day 1 of her education

everychildmatters · 25/08/2025 19:45

@Sweetmelonff The issue is it's 50/50. So what do you think happens in dad's weeks?

titchy · 25/08/2025 19:48

Sweetmelonff · 25/08/2025 19:43

And what have they advised on this thread? For the child NOT to go to school on day 1

Imagine what the family court will think

two fucking selfish parents denying their child day 1 of her education

One has said listen to her solicitor. The other that she should NOT start her at her school given her age and that fact that there is a dispute and that the court would view that as trying to force their hand.

The child isn’t yet required to be at school remember - we’re not talking about a child missing vital GCSE classes.

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