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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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What legal action can I take against my ex wife if she has

Customer Question

What legal action can I take against my ex wife if she has purposely gone against my Parental Responsibility rights and made choices about our sons future without consulting me let alone my consent on more than one occasion within the last 2 months?

In this case she chose a nursery and a school and enrolled him in both without telling me the nursery or schools name and I didn't sign any consent forms.  There is no court order in place.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
Which school would you have wished him to go to?
Clare
Customer: replied 3 years ago.

Hi Clare

We had enrolled him into a school near the former family home which we had both agreed and consented to in Nov last year.

Without going into too much detail regarding my ex wife's mental health, she left the family home and took our son with her. The day after she left the former family home she cancelled his place at the agreed school without asking me or I agreeing.

I raised this through solicitors where they indicated she was fully aware of my PR rights. Two weeks later I find out that she had enrolled him at a nursery local to her and on the allocation form had not indicated that I had PR for our son, I was not put down as next of kin in case of emergency and she indicated that I did not have legal access to him without her permission. This was raised through solicitors where they indicated she was fully aware of my PR rights.

She then tried to change his surname without my permission, this was raised through solicitors where they indicated she was fully aware of my PR rights. She then enrolled him at a primary school to start next year again with my knowledge or permission and again this was raised through solicitors where they indicated she was fully aware of my PR rights

I am currently petitioning the court for a Child Arrangement Order for him to reside with me and there is no court order in place in her favor. I keep being told I have these legal rights which she is purposely going against but I do not know what I can do legally to defend them. It seems she believes that she can do whatever she wants because nothing can be done to defend those rights.

Hence the question, what legal process is open to me to defend\prosecute my ex wife for breach of my PR rights. If it is a civil court case, even if I am unlikely to gain anything, what can I do to actually have my legal voice heard?

Thanks

Expert:  Clare replied 3 years ago.
Hi
Have you applied for a place at a school of your choosing?
Clare
Customer: replied 3 years ago.

No as that would result in me going against my wife PR rights as I would have made a decision about our son’s future without her permission. I am putting in for a court order regarding our sons education but is there really nothing I can do about the simple fact that my legal rights have been violated?

Really I just want to know the answer to the question:

My PR rights have been violated, what legal action of prosecution can I exercise against those rights that have knowingly violated them. If this was a criminal act the CPS would prosecute, I assume it would be a civil case, so what civil action can I initiate to just say, this person has gone against my legal rights otherwise, what is the point in having them?

Expert:  Clare replied 3 years ago.
HI
There is no Sanction as such - what is open to you is to enforce your rights via the family court just as you are doing
You can deal with the school issue by way of a Specific Issue Order and within the ongoing application you can ask that there is a Prohibited Steps Order that prevents her form taking certain actions - such as changing schools - without consulting you.
If she then does this you can apply to enforce the Order
I do understand your approach but unfortunately that is not the way the system is set up to work
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Claire

So without going to court, any legal PR rights that I have are pretty much worthless and in fact even when at court, nothing can be done to "punish" those that have violated those rights previously as only a mechanism that "might" prevent them from being violated again can be put in place.

As she believed that I would never escalate the matter to court her statement she made to me is correct, that she can indeed do anything she likes and there is nothing I can actually do to enforce my rights.

Thanks

Expert:  Clare replied 3 years ago.
Hi
Your PR rights are valuable - they allow you to be involved with your child - and give you the right to challenge your ex in court - and there is much you can do to enforce your rights as I hope she finds out soon
Clare