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Hi, I'm just after some advice, my daughter came to stay for the weekend and refused to go back to her mum, this has been an ongoing request from my daughter for about 3 years, she will be 11 in 2 weeks, she spoke with her mum and told her she wanted to live with me and move schools, after much discussion she told my daughter it was ok and sent her a text wishing her well at her new school, when we went to her new school to register her the headteacher told us that her mum had rung him and told him that she doesn't want her to leave her current school (where she is really unhappy) and won't give her permission for my daughter to change schools, as u can imagine my daughter is now really confused and upset, we both have joint PR but the school won't accept my daughter unless my ex gives permission which she is now refusing to do. I am willing to home school my daughter as it seems the local authority will not grant her access to her new school without both parents consent even though it's what my daughter wants and I'm supporting her in her decision. Can my ex refuse for me to home school? Do I need her permission? I cannot believe that a child can be left with no education purely because her mother won't agree. Thank you in advance
Unfortunately, you both need to approve this decision as you both have PR. If your daughter is living with you and currently not attending any school, you could do some home schooling in the interim so that she doesn't fall behind.
If you and the mother are unable to agree a way forward, you can apply to the court for an urgent Child Arrangement Order (to show your daughter now lives with you) and Specific Issue Order (for the education issue). You would be exempt from mediation with an application of this nature and the court would decide how urgently to list a hearing.
You could attempt mediation first if you think this might work but it's not a speedy process and it's not fair to have your daughter in limbo with regards to her education.
Keep posting and we will do what we can to support you.
Good luck
It might be useful to go above the school and give your local education authority a call. Your daughters education is so important and its imperative you act quickly on this IMO.
As Yoda suggests, if you can't sort this out, an urgent application to court would be the next step. You would need form C100 for this and the court fee is £215, unless you are receiving benefits or are on a low wage, in which case you may be entitled to a part or full exemption from the court charges. You would need form EX160a to claim this.
Best of luck
Hi There,
.
I think Mojo and Yoda have covered the process better than I could have, but I would just add that if you are going to home school in the interim, then maybe you could contact either the school she is currently registered at or the one you want her to attend and ask for some meterial for teaching at home, that way you would at least be teaching her what she should be learning and when she does return either to the new or back to the old if you can't get any where at least she will be learning the same things as you have been teaching at home so shouldn't feel to far behind.
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GTTS
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