Child Domicile in Divorce cases for Grammar School selection ???

[shundeez]

Hi,

My DD is due to start secondary next year September. We are in the process of applying to the local grammars in Tunbridge Wells Area in Kent. Her mum and I are divorced but she lives equally with both of us, and I mean full 50 / 50 %, even during the week. Her mum is not in the catchment area (near orpington) for the grammers in T.wells so we will use my address on the application.

I have heard that the rule is that where ever the child spends most of their time living, is their domicile address that will be taken into account, as in number of week days. Currently she has 3 week days with me one week, then 4 week days the following week, then a mirror image and so on. So she spends the same amount at each house, so the rule is not clear for 50/50 splits.

Then I heard it all depends on where the Child Benefit is located, as in what address?

Does anyone have any clarity on this.
And also what proof do I need to give in the application that she lives with me half the time.

thx

Think would be address for child benefit, GP, dentist etc but worth actually speaking to someone at Kent/Bromley to find out their take on it. Where does she go to primary school for example - would be Kent or Bromley? Tricky one.

Each local authority makes its own rules on this. The current rules for Kent are that you must use the address where the child sleeps on the majority of weekdays. If there is a genuine 50/50 split on weekdays you will need to contact Kent's Admissions Team for advice.

If this turns out to be a problem could you change the arrangements for a while so she has one extra weeknight with you in termtime to legally satisfy application requirements and make that up with extra nights with her mum in the school holidays? That would be what I would suggest to clients in your situation (I’m a mediator). I’m in Aus so I’m not sure this would be the same but here a signed and dated Parenting Plan would be sufficient evidence of the arrangement for school admission purposes, you would not have to have Court orders.

I don't know for sure but I would submit the application on the week you have her for 4 days! I was moving out of catchment once and the council (different council) told me as long as I submitted the application on a day I was in catchment and then wrote to them after I left catchment then I would be doing everything above board and they would accept my original address.