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I have recently won full custody of my two children who were both living approximately 8-10miles away. As a result, I have transferred both schools to within a closer proximity to their home. Having notified the mother of the allocated placements and start dates etc, she has threatened me with a C100 form to prevent or sow down this process.
The court order doesn't state that I cannot change schools and both the court and Cafcass were informed during the hearing process of the changes needed, and am now wondering where I stand legally?
Hi
Unless the court order contained recitals or specific points regarding the schools, then yes, she can try to block this change by making a Prohibited Steps or Specific Issue Order application. If you can't agree, then it will be up to the court to decide for you.
If you have already changed their schools, it's unlikely a court will order it to be changed back, but if they haven't changed, it's difficult to say what an individual judge will have to say on the matter.
Good luck
I hope that a court would be likely to agree with you simply because it's better for the children to in a school nearer to home if possible, not only for getting to and from school, but also for keeping up friendships out of school once they have established themselves. And they aren't so far away from their old friends that they can't see them sometimes also.
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