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Ex partner wants to change schools...
#1
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In need of sound advice please.  I separated from my wife start of last year, we are currently still 'married' but have moved on in our lives, on topic - she has moved 20 minutes out of town and away from our daughter's school.  A few weeks ago, she informed me that she was going to change schools as it was an "inconvenience for her with travelling".  I should make it clear that I have our daughter Monday after 9am - Wednesday 9am which is more of less half of the school week.  

Our daughter has been through enough already this last year and a half - and now she's being taken away from her school friends, children whom she's spent over three years bonding with.

I need to know where I stand.  Initially, I was told that, as her biological parent and being married to her mother  - I have parental rights, and that if I do not consent to this move, then she would have to take me to court.  I explained all this to her, but have just had a text saying that she's due to be moved beginning of the year.

Personal experiences, the law, and any other advice really would be valued at this point, as I'm now reading conflicting stories on where I stand here. Huh Huh Huh
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#2
First things first – from what you have said, you will have parental responsibility for your daughter, as defined by the Children Act. (The only way you wouldn’t is if you weren’t married when your daughter was born and you also weren’t named as the father on her birth certificate.) As such, when it comes to your daughter you have the same legal rights and responsibilities as your ex.

Yes, your ex should get your consent regarding a school move, but it’s going to be you who’s now going to have to do the legal legwork on this seeing as she’s clearly not bothered what you think. You’re going to have to apply for a Prohibited Steps Order (one of the ‘Section 8’ orders you can ask a family court to make) which is basically an injunction that will prevent your ex from moving your daughter to a different school without your agreement. As she’s threatening to move your daughter soon, you can ask the court for an urgent hearing which means you won’t have to try mediation first. You’ll need to fill in a C100 form (google it) - give your local family court a call in the morning to find out how to submit it quickly and how to get heard as quickly as possible.

You can do this without a lawyer as it’s a fairly straightforward case, and from what you’ve said, the court will almost certainly side with you unless there are some very convincing reasons why it’s clearly in your daughter’s interests to move school. You might also consider giving your daughter’s school a call as soon as possible, explain to the head what is happening, and ask them not to assume your daughter is moving school despite what your ex may have said, and to not say anything to your daughter about it either.
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#3
This is really good advice. Thank you ever so much
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#4
(12-07-2017, 10:11 AM)danccat Wrote: This is really good advice. Thank you ever so much

Good luck with it all, it sounds like you’ve a strong case and you should be successful. We’re here if you need any more help with it.
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