If the Dad has Parental Responsibility can he prevent me changing DD's school?

[Snowme]

I hear a lot about Parental Reonsibility and the father having rights to discuss his child's education amongst other things.

But is that all it is, a right to discuss? Can he actually play a part in choosing their school? My DD is on an In Year Admission waiting list for transfer to another school. I have a DV past andbeing able to meddle in my affairs appeals to him. At this stage he isnt aware we have moved location and Dd needs to transfer schools. She remains at her old school at present.

I willprobably post this on educationboard too.

He would have to take you to court to try to stop a change of school if you want to go ahead with it.

The more evidence you have of the DV etc. and the "need" to change her school, the more chance even if he does try to object it will be thrown out of court.

You have a duty to discuss the move with him. He has the right to apply to court for a Prohibited Steps Order to stop you moving DD to another school. As, indeed, you'd have such a right to apply if he tried to change DD's school unilaterally as well.

Whether a court would grant such an order depends entirely on the situation.

snorbs Is it actually written down I have a duty to discuss it with him? If it's not enforceable by law and he is uninterested otherwise in his children - other than to purposely meddle - it seems pointless that I discuss with him :/

He can have an opinion, but he can't do bugger all about the schools I choose to place our children in, when he is absent for over a year and not involved in their life in any way at all. Is what I would expect.

It's in case law from the court of appeals. The section on shared decision making on this page has the chapter and verse.

I'm not going to debate the rights and wrongs of this law as it affects your particular case. If you don't think your DD's father has any right to have his opinion listened to then that is up to you. But the law is fairly clear.

Thankyou for the link, snorbs.

I'm surprised by the law that thinks a father who has had no contact with his children for over a year and is planning on preventing this change of school not out of welfare interest for his children but exclusively to further try and control their mother's life.

Some 'families do not need fathers' if this is the message and type of action he desires to imprint on their young minds.

The law doesn't think a father, who has had no contact with his children and is only intent on controlling the mother, can have a say in schooling choices through PR.

You make your decision.

If he isn't happy, he can take you to court. It is almost certain that court will throw it our and agree with the school move exactly because of what you have described, he has had no contact and is not thinking in the children's best interests.

He has a right to take it to court as a father with PR. That does not automatically mean he will win.

The law is there to cover all eventualities and possibilities. For mist this mean the father has some involvement in the child's life and should therefore be involved in decisions. Court is there where this is not the case, and it is likely that if he were to raise a specific issue in court your views on schooling would likely be agreed with.

Do you or your DD have any contact with him?

Does he get any information on the progress of your DD?

I would probably put off informing him until such time as your DD has a place at a new school. Are there any court orders over contact with you or your DD? Are SS involved at all?

The children have no contact whatsoever. It was sporadic before - 3 or 4 times a year and then only if I paid his fuel and accommodated him- but in the last year, absolutely nothing.
He enjoys sending abusive texts to me regularly, but that has stopped dead since he opened a Contact case with a solicitor.
There are no court orders or SS involvement.
He has shown no interest in either child's educational or other welfare so no, I have not forwarded copies of school reports, parents evening reports, nativity play photos, school photos,etc.