Hi, my younger son is 15 and doing GCSEs this year. He has capacity to do really well but has not been revising as he should (the lure of TokTok), so I do really want to put him in a position where he has every opportunity to make good choices about work revision etc.
His first exam (they’re staggered over a quite a long period- we are in Wales) is just after Easter holidays. The school is a private sector one so there are (as far as I know) no local authority restrictions on taking holidays in term time - though obviously the school would strongly disapprove of this.
I have just found out that his father intends to take him out of school for the last 5 school days of this term (from 23 March) in order to go skiing. (He has already had a skiing holiday in January!)
His father and I have been apart for 10 years. We share 50/50 custody - no court arrangements, we decided this informally. We communicate through an app as he has been violent to me in the past. He has a caution for domestic violence against me as from about 2014 (and there have been incidents since that I have not reported, most recently a year ago- yes I know I should have done, I wanted to avoid the conflict with kids that I knew would result from my reporting their dad). I don’t have any details of this caution to hand, for instance any sort of police document etc.
I really think it would be an extremely bad idea for my son to miss the last week of this school term. I would like to stop it but to be honest a) I don’t think my ex cares about stuff like exams and b) I think he is likely to get extremely aggressive if I contact him directly about this. He is not a reasonable man & flies off the handle very easily.
Because of this I have been looking into legal options & have found something called an emergency prohibited steps order. I do not have savings & if I go down this route would need to represent myself.
I would be really grateful for any advice on questions below.
If I apply for an order if this type, would there be any chance of succeeding? Or is this totally inappropriate?
I am really conscious of delays in court system & the suffering they cause. Would it be wrong for me to make an emergency application of this type given that there is such a dreadful backlog anyway?
I think I would need to use a form C100. Is that right?
I think I can try to avoid the mediation step given the domestic violence history. Is this right? If so, do I need to fill in an extra form to show this? And would I need to get some kind of formal documentation of the caution from the police?
Should I attach to any application the photos I took of my injuries? Should I mention the other incidents that I did not report? (One of these was very serious & sexual in nature but I have no evidence of it and given its nature I feel very loath to ventilate it in an application, or whatever).
Is there any specific info needed to help my application? Term dates & holiday dates obviously. Should I also try to get a letter from the school confirming term dates & that they don’t think he should be taken out in term time? Exam schedule? Should I list the other people going on the holiday (my 2 older sons will be going, also their younger half brother who is at primary school - his mother has also split with my ex, I don’t know what she thinks about all this but her son is so young maybe she thinks missing a week is ok or maybe their term dates are different).
Sorry so long! Really grateful for any advice.