YR application and parents in different counties

[ChablisandCrisps]

I wonder if anyone knowledgeable can offer some advice for my sister. Her 4 yo twin DDs are due to start reception in 2021, and she needs to apply for a place for them now. However, her ex husband who lives in another county is arguing that they should go to school closer to him (with a view to them living with him FT instead of PT- a whole other issue).

Ex-husband is saying she cannot apply for a school place without his permission and that he will stop her, but the court date for residency isn't until March so too late then to apply for either of them regardless on where the judge rules the girls should have as their primary residence. She feels it makes sense for them both to put in school applications for their relevant county and then when the offers are made in April, accept the one that fits the court ruling but her solicitor cannot say if this is ok or not and the online advice isn't clear either.

Any admissions experts around able to advise?

Thanks!

Where are DDs living right now? I would say she can apply using her home address as long as DDs are currently there. If exDH wins, then he starts again. He cannot apply if DDs are not currently living with him. If others have more experience I’m sure you will get great advice. It seems to me that where they live now is the relevant address. If things change in April, then they change.

I’ve attached the info from my LA. They want to see residence settled before school applications are made but in this day and age that’s difficult. Get your Dsis to talk to her LA. They won’t get involved in a dispute but if they live with her at the moment they might accept that pending the courts decision next year.

Who gets child benefit? Who registered them for nursery? Get all the evidence together.

Sorry but your ideas will not be accepted by the LA's concerned. Ignoring the custody issues, which I do not underestimate, you need to work to the legal requirements of the admission guidance. The application has to be to the LA, where the twins spend the majority of their school week, that is where they wake up the majority of the school week.
If both parents put in applications to their respective LAs, then this will be discovered at some stage. probably before the date in April when the places are allocated. It is quite likely that both LAs will take a dim view of doing this, believing that it was a deliberate attempt by the parents to deceive, leading to both school allocations being withdrawn and leaving the twins with no immediate school places. The LA that ends up allocating places will be doing so after all on time applications. That allocation will be at the nearest school with places, which may be a fair distance away and even more worryingly may well split the twins up into different schools.
If your sister has the majority of the custody of the twins at this time then I would suggest that she completes the application. If ex cannot accept this then when sister makes the application then they should also speak and confirm in writing, to the LA what the situation is and that they are concerned that ex will try to also out in an application in the other LA. Then you have it in writing with the LA, if things go wrong later on in the process.

Agree with Admission. They cannot put in two separate applications.

From a legal perspective, if your sister's ex has PR he is entitled to a say in the twins' education. If they can't agree one of them needs to apply for a specific issue order to resolve matters. This does not have to wait until the existing CAO proceedings have finished. But the reality is that the application needs to come from whichever parent has the children for the majority of the school week as things stand, notwithstanding the fact that it may change in March. If that is your sister, there is little point putting schools in her ex's county on the application as the girls are unlikely to get places.

He doesn’t have PR. It says in the op. So that’s why it’s important where the DDs are living right now. Who gets the child benefit? The mum should apply using her address only. However as I posted, LAs have info on this for parents.

Confusion over definition of PR here? I think prh47bridge is talking about PR as in Parental Responsibility. The OP doesn't mention parental responsibility, but I'm assuming that the ex-h does have it (which he would if named on the birth certificate), as otherwise he wouldn't have a say in schooling. Nothing to do with residency. (Forgive me if I'm wrong!)

I am indeed talking about parental responsibility. He has PR if they were married at the time of birth or he is named on the birth certificate.

Hi thank you for your replies. They share custody at the moment, 4 days per week with my sister and 3 with her ex-husvand but he wants the girls to go to school in his county so has put in a court application for school placement and residency which is in feb, so too late to apy for schools.
Dsis gets the child benefit, and they are registered at her GP etc, they always have been.

I think she thought it might need to be another specific issues order, so I will let her know. Thank you so much for your help!