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[Solved] Ex changed my boys school without my authorisation

 
(@mcscoobs)
Eminent Member Registered

Hi all,

Just need to know if I have a leg stand on. Took my ex to court 3/4 months ago, as she was stopping me seeing my 7yr old completely. In a nutshell, the court granted my access back - every other weekend, plus a week in Summer Holidays, a week in Easter and a week at Xmas. The court said she is responsible for day-to-day small decisions, but big decisions, such as religion, education etc, I have to be consulted before she can make any decisions. Each weekend I have him, my mum collects him from school (its a 10 min drive).

About a fortnight ago, my ex moved house (I found out through my son, but it makes no real difference to me). This afternoon, she sent me a text, stating that my son is starting a new school (near her) in the next few weeks as "it has a better ofsted report". My mum won't be able to collect him as she doesn't like to drive to places she doesn't know, which is fair enough, plus it would likely take her 30-40 mins to get there each way. For me to collect him at 3pm on the Fridays I have him, i'd have to leave work at 2pm, which I can't keep doing. My ex's work is a 30 second walk from the school he's currently at.

What are my options here? I can ask her to collect him from school and drop him to my mums until I finish work, but knowing how difficult she generally is, she'll likely refuse. I've not replied to her text message yet. Any help i'll be grateful for here!

Quote
Topic starter Posted : 10/11/2017 6:59 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Was your mum doing pick ups from school as part of the court order? If you would be ok with her dropping him at your mums, I would ask her, letting her know that if she won't work with you on this, you will return it to court, as she hasn't consulted with you about moving schools as she was told to do.

You can write to the court, directly to the judge that made the final order, and ask if the case could be brought back because the mother has moved and intends to change schools without any consultation, explaining that the move makes it impossible for your mother to continue with pick ups and your ex is refusing to work with you to find a solution.

The court may agree to bring it back, or they may advise you to make a new application. This would be in the form of an urgent specific issue order, using form C100... Urgent because you are time limited.

All the best

ReplyQuote
Posted : 11/11/2017 1:51 am
(@mcscoobs)
Eminent Member Registered

@ Mojo - my mum wasn't on the court order as she wasn't in the courtroom at the time, so they said they couldn't include her.

Another update.... I spoke to my sons school to voice my objections and state that I didn't agree to any moves. They advised the transfer process had started but they weren't aware that "mum" had even moved house, as she hadn't informed the school. They also advised I call the new school to voice my concerns and also the new school council school admissions.

My personal view is that my son has been through so much in his 7 years. He's gone through a break up with his parents, i've moved houses a couple of times and now have a new partner and baby. His mum has moved recently too. The only constant in his life the past few years is his school. He's even having counselling at the school (which finishes at xmas and he's making solid progress). So for this reason alone, I don't want him to move. Neither of the schools are close to me so it makes no real difference to me which school he goes to from my point of view, but I don't think i'm being unreasonable in my opinion?

Anyway, spoke to the ex last night, she told me he's starting the new school on Monday (this coming monday!). She said she realises she probably should have discussed it, but that it "has better ofsted reports and would also mean not sitting in traffic for ages as its closer to her new house". I told her about my objections . She said there's only 1 space left and started calling me all the names under the sun for not giving me her consent. Said I was a waste of space, embarrassment of a dad for not wanting the best for my son, and that i've not been there recently (she stopped me seeing him for 6 months when she found out my current partner was pregnant). Then said she's going to try for sole custody and stop me from seeing my own son! It was all over text message, so at the very least, I have a threatening text message from her.

I only want whats best for my son. I have no issue with him going to a better school, I don't want him to miss out on a space, so i'm questioning myself whether i'm doing the right thing?

ReplyQuote
Topic starter Posted : 14/11/2017 2:12 pm
 Yoda
(@yoda)
Famed Member

I would fill out a C100 and get yourself down to the court today or first thing tomorrow to get an emergency specific issue order. You might at least be able to put a pause on this until the court can have a proper hearing. Once he's moved schools, you're less likely to win this in court.

Has your son done his SATS yet? Courts don't like kids moving schools in crucial years.

I would go at it on the basis of not wanting change for him and that he will miss out on his time with the paternal grandmother and that it could prevent you being able to collect him on a Friday.

ReplyQuote
Posted : 14/11/2017 3:06 pm
mcscoobs and mcscoobs reacted
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