I was divorced 5 years ago and I am the natural father of my 2 children, and thus hold parental responsibility without any restrictions placed by the courtsMy ex has totally alienated my children against me.My son is in primary school and last year, 2013 the school was unable to provide a report so sent home a journal of my sons work with my son. I asked for a copy but my ex refused to provide it, and refused to return it to the school for them to copy.. The school was very apologetic and said they didn't realise that she would not share the information. My ex told the school my son didn't want me to have it and it was against his interests. He was 10 at the time.This year the school told my son they were intending to make a copy for me. He told his Mum and her new husband sneaked into the school and took the journal so I was unable to see it once again. The school was very apologetic but told me that according to their lawyers the journal of my sons was his personal work and as such I wasn't entitled to it. They apologised and stated that:Regulation 6(4) Information to be included in the head teacher's annual report 1. Except where otherwise specified, the following information must be included in the annual report of every pupil - (a) brief particulars of achievements in all subjects and activities forming part of the school curriculum; (b) comments on general progress; (c) arrangements for discussing the report with the pupil's teacher; (d) attendance record, except where the pupil is in - (i) the reception year; or (ii) year 12 or 13 and is no longer of compulsory school age; (e) the results of any public examinations taken, by subject and grade; (f) details of any vocational qualifications or credits towards any such qualifications gained; and (g) the results of any NC tests taken during that year, by level.My ex told the school my son wasn't sleeping and was wetting the bed at night with the fear and stress of me wanting to see the journal. Basically it is an ongoing campaign to get me out of my children's life.As far as I was aware as a parent with parental responsibility the school under the LEA guidelines was supposed to treat me equally, and in this case they have not. They apologised but said there is nothing they can do except send the report as per the details above.Could you please clarify and let me know where I stand, I live abroad and it is obviously harder for me to get UK legal advise and want to know where I would stand if I pursued this matter against my ex in court and tried to get my sons journal of work. Also bear in mind my son is 11 years old and as such is not gillick competent as far as I believe.
I have not asked them that, though I have a feeling they will say it is once again my sons personal work and it will then once again go through my ex with the same result.I have battled this for years I just want to be able to keep up with how my kids do in school yet I am thwarted at every step so it seems and the power all seems to be with my ex to manipulate.
Are you able to help me with regard to where I stand legally? How would it be seen by the courts if I were to pursue my ex for the release of my son's school journal (s).
Sorry if I rushed you, it wasn't my intention and thank you for the answer. Could you point me to the reference where it states that the work my son does in school belongs to the school and is not my son's. It would be very helpful....thank you once again.Also would I be able to use a solicitor to attend for me in my place? I am in the UAE.
I need to be able to argue and quote that my sons school work belongs to the school, as you say. They say it was his work so it is his, if I just merely state that school work doesn't have to be returned to the child it doesn't necessarily infer that the ownership is the schools. I believe that in effect the schools solicitor is claiming its my sons intellectual property and as such thus his. His mother has him so alienated that he is supposedly wetting the bed if I see it (he is a good student and I don't believe there is any negative schoolwork that would make him even believe I was in any way annoyed or upset with him). The Headmaster is saying that their solicitors say it belong to my son and as such I am not entitled and all I am entitled to by way of a report is re. my original reference.The other problem I then face is in taking it to court it adds yet more fuel to the alienation funeral pyre on which the remains of my relationship with my children rests. 'Your father is taking Mummy to court....' Damned if I do damned if I don't.The Family Law side of things is so wrong in so many ways in the UK even with parental responsibility established the resident parent seems to be able to ride roughshod over the non resident parent. The needs of the child forgotten by the wayside :(