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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex husband has applied for a school place for our child

Resolved Question:

My ex husband has applied for a school place for our child - he has lied on the application - must the school allow me to see all of the application
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a Residence Order in place relating to the child?
Were you aware that this application was being made?
Why do you want a copy?
Clare
Customer: replied 2 years ago.

Thankyou Clare, when we settled all arrangements relating to our son Ffin at the time of divorce it was agreed we would have 50/50 shared access. This changed within the first year and for the last five years Ffin has lived with myself four nights a week and stays with ex husband three nights per week. In school holidays it usually equals out 50/50 however his share of that time his parents have our son too. I live in Cardiff with Ffin and he attends a local primary school. His father lives in Newport this is another county/ under a different council. Ffin automatically has a place at a local high school in Cardiff and I have also applied to a local faith school where many of his peers are attending that is currently on appeal as Ffin is not baptised/ christened (it's a church of Wales school).


His dad has applied to a Catholic school in Newport, put his address as the first contact and my name and address alongside this. He has stated that the arrangement is 50/50 and a sibling who resides with Ffin attends school> this is his dads girlfriends daughter, the daughter lived with her father until recently and now lives with family friends_ she has never lived with Ffin or his dad and girlfriend. There is also letter from the priest at his church stating Ffin is under instruction and will be baptised asap. I haven't consented to this_ had no knowledge and our son Ffin had no knowledge and rarely attends the church. It took me two days to get him to agree to allow the school to release a copy of the application and supporting documents. However, when released where there should be a statement supporting the application it reads- please see attached as it allows you to continue on a seperate sheet. this has been held back and the school emailed and explained he has told them not to release this statement to me. I really need to protect my son and feel I need to apply to get him with me for more of the week/ more time to prevent them taking him away from me? I'm trying very hard to stick to the facts and not get emotional but I am very scared and really don't know where to go from here, please help

Expert:  Clare replied 2 years ago.
Hi
where does your son wish to go to School?
Clare
Customer: replied 2 years ago.

Hi Clare, thankyou.


 


my son now wishes to go to the Newport catholic school. He has been strongly influenced by ex and his side of family. originally he was very excited about going to local school. Now convinced he will get a better education and future etc at newport school. It is a very good school, it is equal to the church school I have applied for in Cardiff but as I said I applied honestly to a Church in Wales school and therefore at appeal. He applied dishonestly and within a week was accepted even though they are also over subscribed and full. I am concerned what information they have about myself/ son. I have nothing to hide however, why would he not want me or my son to see the statement? also very concerned that my son will be baptised without my consent. not

Expert:  Clare replied 2 years ago.
Hi
Do you actually object to his going to this school and being Baptised - if so may I ask why?
Clare
Customer: replied 2 years ago.

I object as both application and suggested baptism have all been approached without my consent. My concern is that it's some sort of back door approach to taking my son away from me and my family. Also, I have explained to ex and school I would be happy to consider that school as an option if I see all application details that have myself and my sons details on. This is where alarm bells ring as even though I have stated this is a consideration he has still refused to allow myself and son access to the statement and although the school is happy to provide all this information he has told them not to. Therefore, the lies suddenly seem even more relevant in that what could be worse that approaching a priest for baptism of child without knowledge of mother and child? what would I be agreeing to if son goes to this school? And what information do they have about my son? That may be totally wrong and inacurrate when considering the rest of the application is misleading to say the least

Expert:  Clare replied 2 years ago.
Hi
Have you told the school there is no sibling?
Clare
Customer: replied 2 years ago.

Yes, I have told the school everything- same as what I have told you. I haven't put it in writing yet as I was hoping the whole thing would be made available to me, then make a decision based on what is best for my son. I do have a problem with the lies as I know he is taking another childs place but feelings and moral code aside I would try my hardest to look at it from all angles. The school have not withdrawn application as have not had anything except verbal explanation from myself.

Expert:  Clare replied 2 years ago.
Hi
You have a number of options.As a starting point I would write a formal letter to the school pointing out that you have Parental Responsibility for you son and are therefore entitled to copies of ALL documents relating to the child whether or not the father authorises their release
Write to the Priest and say that neither you not your son have been consulted about Baptism and that you are surprised that he wrote such a letter since it encourages your son to view baptism as a commodity rather than a Religious commitment and you expect him to confirm that he will not Baptise your son unless and until it has been discussed with you
At the same time write to your ex saying that unless he releases a copy of the document to you you will apply to the court for a Prohibited Steps preventing him form being involved on the School Application because of his refusal to include you and to prevent a baptism
Ensure that you again make it clear in the letter that you are still willing to consider the school iF you see all the relevant paperwork
IN addition make an appointment with a Family mediator (www.familymediationhgelpline.co.uk) to discuss matters with your ex and point out that such decisions and applications need to be made with agreement and honesty
If all that fails then you can consider making an application to the court for a Prohibited Steps Order on both issues
I hope that this is of assistance - please ask if you need further details
Clare

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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