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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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I have broken up with my partner and moved 45 minutes away.

Customer Question

I have broken up with my partner and moved 45 minutes away. I have my two sons places them placeE in a local school and he has written to the school and stop the move. He can not care for the children full time and get them to and from the school they are presently attending. The boys have lived with me since the split in December. I have meet and now live with my new partner. I will know have to travel 45 min to and from the old school every day which is not possible or fair on the children. What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
How old are the children and did you consult him about the school move?
Clare
Customer: replied 1 year ago.
The children are four and seven and I informed him of the move but did not think I need his consent
Customer: replied 1 year ago.
Frankie is 7 and Julian 5 i informed him about moving house i school change
Expert:  Clare replied 1 year ago.
Hi
Have the school actually withdrawn the place?
Clare
Customer: replied 1 year ago.
My application is on hold
Expert:  Clare replied 1 year ago.
Hi
What have the school actually said to you?
Clare
Customer: replied 1 year ago.
This is copy of the email Hello,
Thank you for your email.
We have received an email today from Dominik Mazur who has advised that he is the children’s father and he does not wish them to move away from Barwell.
Therefore, we are not able to process your applications unless you are able to confirm that you are the only person with parental responsibility for the children or if there is a court order specifying that your children change school.
I will involve our legal department to alert them to the situation.
Many thanks,
Sarah Drummond
School Admissions Officer and Go Green Champion
Leicestershire County Council
County Hall
Glenfield
LEICESTER
LE3 8RF ***@******.***
0116(###) ###-####
I am a ‘straight ally’ because I recognise that people perform better if they can be themselves. To find out more about Leicestershire County Council’s Straight Allies programme visit http://intranet/straightalliesgroup
From: Maggie Mazur [mailto***@******.***]
Sent: 03 August 2015 22:55
To: ***** *****
Subject: Re: Castle Donington - new address required
Dear *****h i send by post on Friday letter from solicitors as proofs of address
Many thanks Malgorzata Mazur
Sent from my iPhone
On 3 Aug 2015, at 16:43, Sarah Drummond wrote:
Dear Mrs Mazur,
Hope you are well.
I am emailing with regards ***** ***** application(###) ###-####09-M-099692 and(###) ###-####09-M-223684 for your children to transfer to Castle Donington St Edward’s Primary.
Can you please provide us with your new address and move date?
We will then be able to process your applications.
Many thanks,
Sarah Drummond
School Admissions Officer and Go Green Champion
Leicestershire County Council
County Hall
Glenfield
LEICESTER
LE3 8RF ***@******.***
0116(###) ###-####
I am a ‘straight ally’ because I recognise that people perform better if they can be themselves. To find out more about Leicestershire County Council’s Straight Allies programme visit http://intranet/straightalliesgroup
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Expert:  Clare replied 1 year ago.
Hi
In fact they are incorrect.
You have Parental Responsibility and can arrange for a school transfer UNLESS your ex applied for a Court Order preventing the move
I suggest that you write to them and point out that there is no legal reason why you cannot change the schools and that your ex has not applied for a prohibited steps order
At the same time you need to arrange to have a Mediation Information and Assessment Meeting with a Family mediator
www.familymediationhelpline.co.uk
so that you can apply for a Specific issue order from the court authorising the move
I hope that this is of assistance - please ask if you need further details
Clare

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