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Quick help please
#1
Hello guys quick question. I have a contact order that has been in place for the last 2 years. I see my kids every other weekend for 2 nights and a midweek visit and also half the school holidays. My question is that my kids are settled in school and have both been in the same school for a number of years, my ex has met a new man and my daughter has come today saying that hey are moving and she doesn’t want to go cause she’s having to change schools. My daughter is 7 and my son is 5. Is there anyway that I could block them moving school as both the kids are quite shy and I think the move is gonna have a massive negative effect on them. They both say they want to come and live with me because they want to stay at the same school but with their age it’s not possible because of my work I’m not at home enough. Also my ex wouldn’t let me.
Any Information would be much appreciated guys.
I’m thinking it would be hard to block a move but would I be able to poissiblt get her to help with some of the pickup and collections of the kids cause it’s adding an extra hours travelling each time. Thanks Adam .
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#2
(04-05-2018, 08:23 PM)ST4N80 Wrote: Hello guys quick question. I have a contact order that has been in place for the last 2 years. I see my kids every other weekend for 2 nights and a midweek visit and also half the school holidays. My question is that my kids are settled in school and have both been in the same school for a number of years, my ex has met a new man and my daughter has come today saying that hey are moving and she doesn’t want to go cause she’s having to change schools. My daughter is 7 and my son is 5. Is there anyway that I could block them moving school as both the kids are quite shy and I think the move is gonna have a massive negative effect on them. They both say they want to come and live with me because they want to stay at the same school but with their age it’s not possible because of my work I’m not at home enough. Also my ex wouldn’t let me.
Any Information would be much appreciated guys.
I’m thinking it would be hard to block a move but would I be able to poissiblt get her to help with some of the pickup and collections of the kids cause it’s adding an extra hours travelling each time. Thanks Adam .

get a prohibitive steps order in ASAP..as your kids are settled as they are
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#3
But will a judge be able to stop the children moving school in the long run or will he just agree that she can essentially move where she likes
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#4
Agree. Sounds like a slippery slope. She meets a new man, moves further away, changes their schools - more distance and her possibly starting a new family and wanting to change things .....At that situation myself now.

You use the C100 form to apply for a prohibited steps order to prevent them being moved from their current school. You can do it as a 48 hour urgent application - but depends if it's urgent or not. Could you ring the school and ask if notice has been given (I believe they have to give notice if the kids are leaving the school).

How far away is your ex moving, do you know? At 7 and 5 a court wouldn't ask their wishes and feelings - but I guess maybe Cafcass might talk to them.

With a prohibited steps order the court will look at whether it's reasonable to move them to another school or not. If the ex is moving 100 miles away and the kids still have a few years to go at primary school the court may find in her favour. But if she's only moving 20 or 30 miles away then they could stay at the same school and it's just about transport issues, and they may find in your favour.
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#5
The kids are moving about 20 miles away but I’m just not sure whether pursuing things in court is going to be worth it. I spent almost £5,000 getting my current order and I’m still going to get to see my children the same as I have been doing which works well. I just really worry for them being uprooted cause they are very shy children and I could end up spending lots of money again only to see the judge award in the mother’s favour which he could well do. Really don’t know what’s the right things to do tbh
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#6
A prohibited steps order is not such a massive thing as a full hearing for an order for Child Arrangements. The court fee would be £215 and it would be a short hearing. You need to weigh it up probably. Are things reasonably amicable with your ex or not. If they are it will create a lot of bad feeling if you apply to court. Sounds like she is doing what's best for her, not you or the kids. If they spend most of the time with her she could argue that they will do less travelling if they go to a school nearer her. Could you discuss it with her, even by email, or is not amicable enough for that? eg just set out what your concerns are and ask which school she is thinking of. Because if it's a rubbish school and worse than the one they're at now then it would be a good reason to go for a prohibited steps order. I doubt you'd get help with pickups and drop-offs. 20 miles isn't too bad - I did 30 twice a week for a while. We would stop for tea on the way back or at a playpark to break the journey and make it more interesting.
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#7
Im not sure if Im missing something here but parental responsibility already prohibits it. Speak to the current school and the proposed, show them birth certificate to prove PR and then tell them under no circumstances have you even been consulted and dont agree. Schools arent allowed to do this without both parents agreement right? but yes a prohibited steps would enforce that parental right.
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#8
Good point. It does happen a lot - Mother changing schools without consulting Dad. Happened to me before so schools don't know any different unless you tell them (I think my ex used to tell them she was the resident parent and made the decisions!)

Email them and politely ask them to inform you of any change of school decisions or notice of leaving the school, as it needs the consent of both parents, that you have parental responsibility and ask them to keep the email on file. (If you ask them to keep it on file it's more formal so they are more likely to do what you ask rather being accountable if they don't inform you).

What that will do is mean the ex will have to speak to you. Then if you don't agree it would need a prohibited steps order. But it might give you some warning and time to adjust if they move schools.

It's a lot of change for the kids - they have a new man on the scene and the idea of moving house and changing schools - must all be a bit scary. So if it does happen they'll need reassurance.
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