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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33819
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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Hello my name is colin I have two girls aged 11 and 13 from

Resolved Question:

Hello my name is colin
I have two girls aged 11 and 13 from my previous marriage both go to the same high school I am now remarried.
I have been taking them to school every Thursdays and every other Monday and I am currently renting 20miles from there school, I am now in a position to buy a property but due to divorce settlement I was left with a very small deposit so I can only afford to buy outside the area as the property prices are too high for what I borrow.
The area in which I can afford is 60 miles from the school so we would have to leave at 545 to get them to school on time , is there a custodial law saying that because I live outside a certain mileage from the school that I can no longer take them to school.
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.
Do you mean that they spend Wednesday and alternate Sunday nights with you?
Is there a court order in place regarding contact?
Clare
Customer: replied 2 years ago.
Yes they spend every Wednesday night with me and every other weekend including the Sunday night plus half the school holidays with me and this was agreed by the court as part of the divorce settlement these were the agreed visitation times.
Expert:  Clare replied 2 years ago.
Hi
The issue in Children Cases is always the best interests of the children.
I am sorry but there is no likelihood of CAFCASS or the Courts viewing this trip to school three times a fortnight as being in the best interests of the children
On that basis you need to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
to reach an agreement on how things could be changed - returning on Sunday evening: maybe just a meal out on Wednesdays and extra nights in the school holidays
I am sorry - I know that this is not the answer you were hoping for but I have to be honest with you about your position
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi
Thanks for your response it's my fault I did not make my question very clear
It has already been agreed that the Wednesdays are dropped my question to you should have been are the two early mornings a month acceptable following my weekend visitations
I thank you for you suggestion of more nights during the school holidays
Kind regards
Colin
Expert:  Clare replied 2 years ago.
Hi
I am so sorry - but leaving the house at 5:45 to go to school is never going to be seen as reasonable except for a very special occasion.
Clare
Customer: replied 2 years ago.
Hi
Apologies I do have another question
What is seen as a reasonable time to leave for school please?
And another question
My eldest daughter who is 13 going to be 14 in March has been asking me for a while now when can she make the decision to live with me
I do not really wish to encourage this because as a girl they need their mother so to date I have ignored her suggestion and changed the subject
As a matter of interest because I am aware she is not content at her mothers at what age is she allowed to make this decision and who does she go to to get the support and advise to make such a decision
Many thanks
Colin
Expert:  Clare replied 2 years ago.
Hi
I am not sure there is a set time.
I used to leave at 7.30 - but then again that was the olden days!
I still think it is a reasonable guide however
How often has your daughter mentioned a move - and does she understand it would mean a change of school?
Clare
Customer: replied 2 years ago.
Hi
Thanks
From their mothers they catch a bus to school and leave the house at 7.15am from mine we currently leave at 7.30am.
She understands totally about new school ect ect
She also understands that to make this decision her mother would go against her
Pretty much every weekend visitation she asks me what age does she have to be to make such a decision
My concern is that such a decision will come between herself and her mother and that bothers me
Colin
Expert:  Clare replied 2 years ago.
Hi
In that case i would say that 7am in a car is not a bad guide - after all they can doze in comfort and safety!
At 16 your daughter can chose where she lives and there is nothing her mother can do about it.
At her current age the court would take account of her wishes - and it is likely that they would be followed - but her mother could indeed force the matter to court.
If your daughter is adamant then the starting point would be to attend Family mediation with a mediator trained to work with children
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33819
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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