How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I am divorced and have parental responsibility.My ex has

Customer Question

I am divorced and have parental responsibility.

My ex has totally alienated my children to such an extent that she/new husband sneaked into my sons school and removed a journal of work that was to be copied and sent to me as the original was to her.

I have informed the school that under LEA guidelines I am to be treated equally and after advice given here I politely requested other work that my son had completed to be forwarded to me. The school has told me they approached the schools solicitors who say that my sons work belongs to him and as such it is up to him if I see it or not, he is 11 years old.

From advice here I was informed that my sons school work actually belongs to the school, not my son. After I asked for some examples of my sons work the head sent me the following.

I also attach a copy of XXX’s skills sheets. These are included in the back of XXX’s learning journal and highlight the skills in each curriculum area that XXX has achieved during his time in year 6.

Having taken advice from the principal legal officer and solicitor/member of the Law Society Children Panel for Cornwall Council’s Legal Services on 11th July 2014, I am now satisfied that I have provided all of the statutory information that is quoted in regulation 6(4). This regulation was emailed to you on Friday 11th July 2014.

 

Further to the advice taken by myself from the principal legal officer on 11th July 2014 I would also like to confirm that learning journals, books etc are pieces of school work that are designed for the benefit of the child and are part of the child’s experience at school. They do not form part of the statutory records to be disclosed with parents. As far as other separated families are concerned, a mutually convenient way and time to share learning journals, books etc is agreed, regardless of distance. If you believe that you should have sight of these and Mrs XXX will not agree to share them with you then you need to pursue a private law remedy. XXX’s wishes will form the centre of any decision making process by the family court.

I appreciate that this issue is very distressing for you and that you would dearly love to view examples of XXX’s school work. However, I now believe that this matter is closed and that any further communication regarding learning journals, school books etc should be between yourself and your ex wife, Mrs XXX.

I wish I could get my ex to send me the work she just ignores the emails as said once that it was up to my son. She claims he is so worried that he is wetting the bed and having sleepless nights. Firstly where/how can I argue the work belongs to the school, i.e. is there an example case law or statute. Secondly assuming I can prove this can I argue the school is not treating me equally by not providing the work, since it was providing it to my ex.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
The problem is that there is no case law on the issue - which is why the Education Authority lawyers are dragging in what legislation they think is relevant
You can find the law on Education records detailed here
http://uk.practicallaw.com/6-385-6030?service=publicsector
and here
http://ico.org.uk/for_the_public/topic_specific_guides/schools/pupils_info
However getting into a lengthy argument with the school is unlikely to be worthwhile.
It would be better to pursue your ex on the issue and apply for a Specific Issue order for a copy of the Journal to be sent to you
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the information...such a shame it has to go this way just to see my sons journal.... Thanks again :)

Expert:  Clare replied 3 years ago.
Hi
You are welcome - and I agree
Clare