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Brief background: I separated from my wife in 2012 and my daughter then 12 stayed with me until Oct last year. My ex Wife moved my daughter in with her in a new area, without consulting me. I looked into her new school and was shocked by the Ofsted reports which stated the school required improvement in every area in contrast to her existing school. However the decision was made and I could do nothing to change it. Whilst my daughter was living with me she had good attendance (>95%), was getting good grades and had a wide circle of friends. Since she moved in with her mum her attendandce has dropped, she is is struggling academically as a result, and is struggling socially.
The question: I received an email today from my ex Wife to say that she is removing my daughter from school and is going to home teach her - she will sit her GCSEs in 2016 so to me this is not in Emmas best interests. In addition, my ex Wife is about to have a baby, so I cannot see how she will have the time to home teach my daughter. Is this legal? Do I have any rights at all? In my view the decision being taken are not in my daughters best interests.
I have contacted the school today but so far they have not returned my calls.
Hi there, firstly as you were married, I'm assuming you have Parental Responsibility for your daughter.
As well as speaking to the school, you can also speak to your LEA for advice on this matter.
Coram Children's Legal Centre have an excellent free helpline where you can obtain legal advice on the matter.
http://www.childrenslegalcentre.com/
If you don't get any joy from these sources, you could try mediation, It is mandatory to at least attempt the process before making an application to court. If your only choice left was an application to court, you can apply for a Specific Issue Order using a form C100.
Good luck
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