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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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, Under what circumstances will a court be likely to

Resolved Question:

Hello,
Under what circumstances will a court be likely to order that a non-resident Father with regular contact should pay for/towards private education for his child? Our circumstances are that a) I discussed this, for our daughter, with F in the past and he was, at that time, generally opposed but not ruling it out if there was a need b) he sent his son (from previous relationship) recently to private school in Germany c) I need to move, with our daughter aged 7/8, to an area which is close to my elderly parents and there is not an "outstanding" primary there (she is in an outstanding state school at the moment) d) my daughter has visited a private school which she loves and wants to attend, to and from a minibus service is available rom where we must live e) F is not agreeing to contribution and is saying he does not agree it would be in our daughter's interests (which is plainly absurd in my opinion!) f) I can not afford to pay for L to attend a private school g) F has huge amounts of money and is about to receive £450,000 cash in his hand fro the sale of the family home which I currently live in with our daughter. He has several other properties which he owns outright, a yacht, millions in stocks and shares and savings. However he has a very low income. He pays me £300 maintenance for our daughter per month and claims that if the CSA were to assess him, he would not have to pay me any maintenance at all.
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Unless there was a previous plan to send the child to Private school then it is highly unlikely that the court will order it in the situation that you outline.
I am afraid that any such application would be doomed to failure
Clare
Customer: replied 2 years ago.
Thank you. There were many discussions between myself and F prior to separation. There are emails to evidence his position at that time which was a preference for state education on the basis that we lived opposite an OFSTED rated 'oustandinf' state primary. He did say that he would have supported private education if no outstanding state school was available. I have to move to be near my elderly parents since my father had a second stroke. There is no outstanding primary near there, nor secondary. F is against and I really don't know why except he has said that his experience as a tutor of private school kids has put him off the idea of sending lily to on.
Does this information affect your opinion at all?
Many thanks
Expert:  Clare replied 2 years ago.
Hi
No I am afraid not.
IF he offers fine - if not then there is no basis on which the court is going to Order it
Clare
Customer: replied 2 years ago.
Hi Clare that's really very helpful. Thank you.
I understand from web research that a separated father with parental responsibility but not living with the child, has certain rights, including to express an opinion in relation to their child's medical needs and education. And also no doubt to be informed about these. Am I correct in thinking that as our daughter's resident parent, despite his opinion having been expressed as different from mine, so long as I inform F of the school I have chosen for her, and given my reasons, he would not be in his right to prevent her from going, unless he asked a Court to do so on his behalf?
Many thanks
Expert:  Clare replied 2 years ago.
HI
Yes that is correct
It woudl however be prudent to give him full details of all the schools that you have considered (if of course there is a choice)
Clare
Customer: replied 2 years ago.

Very many thanks for all your advice Clare, you really help me see the wood for the trees

Expert:  Clare replied 2 years ago.
HI
You are most welcome
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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