He is going to get a Specific court issue order - I need advice

[rosie999]

I have recieved a letter from my ex's solicitor to say that if i intergrate my little boy who has development delay with chromosome 8 ring for 3 hours per week into mainstream school in september he is going to get the above order to stop me, he only turned 4 last week !!! he took me to court a couple of years ago for custody and was given access every other weekend and half holidays. i am 7 months pregnant with pregnancy no 4, and quite honestly cannot handle the stress of another court case. please help - can he do this ?

Does your LO have a Statement of Educational Needs?

Rosie999. Do you have your own solicitor from the last application? If so I'd recommend that you get in touch with her/him and talk it through. It's impossible to give general advice as family law is so fact dependent so you really need to talk to a lawyer who knows the facts.

However, in general I'd say that the courts tend to respect the decisions of the resident parent on matters like schooling. If there is a medical reason for doubting whether he should be in mainstream school (I know nothing about chromosome 8 ring) then I would have thought that the court would be likely to follow your decision provided that it is supported by the medical/educational specialists who are involved with your DS.

Has your ex been in touch about this before? Does he have any basis for his view (medical opinion etc) and a viable alternative to your plans or is he just trying to make life hard?

oh and I'm sorry to say that as the father he can apply for the specific issue order so unfortunately there's no easy way out of it.

Is there any way of diffusing this without getting into a court battle or do you think he wants a fight? E.g. is he genuinely worried and needs to spend some time talking to your DS's health/education professionals? or, if he is just trying to control the situation, would he be put off by a strongly worded letter from a lawyer saying 'you have no chance and we'll ask for costs from you'?

Sorry you're having to deal with this now.

hi, catz thanks for the reply. what is a specific issue order ???? All he has ever done is make life hard - his solicitor is a bully so would not be put off. he has in the past threatened doctors and health professionals with court for not sending him every letter ! We can't afford another court case - it does not matter to him as he gets legal aid as he is on incapacity benefit. I have a big meeting at school this afternoon so will have to see how it goes. hopefully by the time he takes me to court I will have had my baby and be able to represent myself - at the moment my emotions are all over the place I wouldn't stand a chance. My little boy currently attends a special needs nursery attached to the special school and also mainstream 2 days a week. All i have asked for is 3 hours a week mainstream. sorry if i have rambled !!!

yes he does have a Statement of Educational Needs, but when i recieved it last year i called them about one morning a week in mainstream and they said thats fine it didn't need to be in there as his place would be special school and would go to mainstream as a guest of school. The reason I feel he needs to go to mainsteam is for his social skills mainly, he is a very socialable boy - he has to be with 4 brothers and sisters. I don't want him to lose that as his 80% of his class mates are not as able as him, and one day I hope that if its right for him he will be fully intergrated into mainstream, but if he does not have that from an early stage it will nevber be available to him. I have a special needs brother who has been mainstream all the way and is nearly 30, he feels so glad now that he was as he has a completely independant life the same as his twin.

Hi Rosie, the specific issue order is just an order that the court can make dealing with a particular bit of the child's upbringing. The name doesn't matter that much (it's just what I thought you meant from your title).

Is there any way that you can get legal advice even if it's just half an hour to look at the correspondence? TBH I doubt that a court would overrule your decision if you're the resident parent and you're acting with the advice of the school/drs etc but it's difficult to be certain without seeing all the info and knowing the background. You can represent yourself and the court will help you with that but I can see it'd be an unneeded stress at the moment. If I were you I'd try and see a lawyer and if that's not possible I'd respond with a very calm letter explaining why you've made the decision and setting out the support you have from school/drs. Do everything in writing, keep copies and always back up what you say with evidence, don't make personal attacks on him (I'm sure you wouldn't but you want to look calm and rational if it goes to court).

If he takes you to court then contact them and let them know that you're about to have a baby/have just had one and need to represent yourself and they should take that into account in setting dates.

Hope it's helpful though it's not the magic bullet to get rid of this. You have my sympathy.

The statement will have on it the recommended placement for the child based on assessments he will have received from health professionals and the education dept, is that right in your case?

It will also state where that provision is likely to best take place.

Sometimes it will recommended a specialist school placement with X amount of hours within a mainstream environment. Other times, depending on the provision locally, those needs of the child can be met within a resource base within a mainstream environment.

What are the specific points your childs father is objecting to and on what grounds, because I doubt that a solicitor would've responded on his behalf if there weren't some concerns he thought were valid or would possibly stand up in court?

The meeting went well at the school, his solicitor had written to the headteacher asking for support and information. she said she is happy for my little boy to do one morning a week and thinks that ex seems to think i want him in full time and read the school report wrong. she is going to write to solicitor and advise. I,m hoping that this will make it go away at least for a few weeks and I was just going to respond with letter confirming what has been agreed with the school, i am worried that if i do not respond at all he can take me to court without me knowing again.