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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My ex partner moved 30 miles away from our hometown in January

Resolved Question:

My ex partner moved 30 miles away from our hometown in January and Easter time decided to move schools to a school I have difficulty supporting. Previous it was shared care (in a court order and a CAFCASS parenting plan which states we should both agree schools). I asked the court for a specific order to move the children back to the school they had been in for the last 5 years and they decided the status quo would remain in the new school and they should not be moved back as there was no children's issue with the school. Have I anywehere to go, as I did not break the agreement and it seems the agreesor has won.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow old are the children and what is actually the pattern of care
Customer: replied 1 year ago.
Children are 9 and 5 There is an order with a 3 week cycle - I have them weds 5pm to sat 5pm for two weeks and Wednesday 5pm to Sunday 1pm week 3. I get child benefit for one child and the order states shared care.
Customer: replied 1 year ago.
.
Customer: replied 1 year ago.
Clare - do you need further information? Am I awaiting a reply on here or by e mail?
Expert:  Clare replied 1 year ago.
When was the hearing regarding the school?Have you considered an appeal?( I shall be in a meeting for the next hour but will answer when I return)
Customer: replied 1 year ago.
The hearing was last week. I am considering an appeal but I am aware I have to write to the judge first, but I am unsure what are the best legal justification I have for insisiting the children are moved back to where they have friends and enjoyed.
Customer: replied 1 year ago.
The court only seemed to focus on that although the children had been moved, the new school said they were happy there so they did not want to further disrupt and move back.
Customer: replied 1 year ago.
What are the key points of law that could help me in this case please?
Expert:  Clare replied 1 year ago.
Are the children settled in the new school?
Customer: replied 1 year ago.
Yes they are settled but are missing their friends in the previous school they have always attended. ili (9 year old) had a birthday party on the 4th Oct and only fried she had for sleep over and party was her best friend from the previous school.
Customer: replied 1 year ago.
Lili (typo)
Expert:  Clare replied 1 year ago.
What evidence was there about the wishes of the children?
Customer: replied 1 year ago.
None, only letters from both schools saying they were happy there.
Expert:  Clare replied 1 year ago.
Did CAFCASS - or anyone - speak to the children?
Customer: replied 1 year ago.
no
Customer: replied 1 year ago.
it was deemed as there was not an emotional risk as both schools said the children were happy there.
Expert:  Clare replied 1 year ago.
How long does the journey to school takeWhat arguments did you put forward
Customer: replied 1 year ago.
Although my ex lives close to the new school, she works in Llanelli close to the previous school so no additional traveling either way for her. I work in the opposite direction from school, so I travel 40 mins on busy M4 motorway in Swansea rush hour traffic to drop children in new school, then 40 mins back and 40 mins further to work. It is a regular 2 hour round trip 5 times a week when I support the school as I have children
Customer: replied 1 year ago.
I said she breached the current parenting agreement, it was more dangerous, it prevented after school clubs I used to support, but it just centred on 'they would make no decision to move them' as they were currently there and happy
Customer: replied 1 year ago.
I have meeting now for 30 mins..
Customer: replied 1 year ago.
What are the key points of law on making these decisions?
Expert:  Clare replied 1 year ago.
What arguments did your ex put forward?
Customer: replied 1 year ago.
unfortunately she could afford a barrister and they concentrated on destroying my character but saying the children had been in the new school for a few months and happy so no need to move them.
Customer: replied 1 year ago.
My meeting was cancelled. I am back
Customer: replied 1 year ago.
Are you available?
Expert:  Clare replied 1 year ago.
The matters that the court has to consider when making the decision are set out in the Welfare Checklist - detailed herehttp://www.inbrief.co.uk/child-law/child-welfare-checklist.htmand this is what the Court should have used when giving the Judgement.I have to be honest - the fact that the children have settled into their new school is a problem as that as become the status quo and are many reasons why it is not a good idea to change schools too often - BUT the fact is that they have to travel to school two days a week in any event and the fact that the other parent still works near the school is a good reason for changing back.The positives would be:-in the event of an emergency the parents could attend the old school swiftlyThey still have an established friend group in the old schoolit minimises the stress on the parent doing the travelling (as mum will be on the way to work anyway) It reinforces the fact that there has to be consultation on all school issues. - something that the mother has clearly chosen to ignore.It is appealable - and it may well be that insufficient attention was given to the Welfare Checklist in full which will give you a chance of success
Customer: replied 1 year ago.
Thanks, ***** ***** appeal to the judge first on the grounds that key items from the welfare list were not fully considered or discussed in detail. Then an appeal is they don't agree.
On the day my ex side had also asked that the days with each was looked at and they focussed a lot on this, could I say there were other issues overshadowing the childrens decision?
Also I went into the box first, and was asked mainly questions on the days we have children not schools, then my ex went into the box and her barrister asked questions to present a case then I could question her. I felt that the questioning side was equal but she had an additional opportunity to present her case when interviewed by her barrister which I did not - is this a point to argue?
Expert:  Clare replied 1 year ago.
Were any changes made to the pattern of contact?
Customer: replied 1 year ago.
No.I would nt agree
Expert:  Clare replied 1 year ago.
But the judge didn't order it either?
Expert:  Clare replied 1 year ago.
Had that been in the statement that was filed prior to the hearing?
Customer: replied 1 year ago.
The judge said on contact that if we agreed between us within 14 days it could be changed, if not vthe current order stands (as I outlined previously).
Customer: replied 1 year ago.
Yes it was in statement prior to hearing. I went for an order and the other side added it in a pre hearing.
Customer: replied 1 year ago.
What do you think?
Customer: replied 1 year ago.
.
Customer: replied 1 year ago.
I will be offline shortly, do we continue tomorrow?
Expert:  Clare replied 1 year ago.
You should appeal the Order on the basis that the Judge paid insufficient regard to the Welfare ChecklistYou can certainly mention that the hearing was hijacked into a consideration of changes to the pattern of shared care rather than he issue of what is best for the children in terms of schoolI am afraid the fact that she was subject to an examination by her Barrister is NOT a ground for appeal
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I see that to make an appeal you must write to the judge ion the case first and if the judge does not agree, I appeal. Is there particular forms for this, could you point me in the right direction.
Expert:  Clare replied 1 year ago.

You need the permission of the Court to appeal

https://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division/questions-and-answers

If the Judge refuses then you will need to apply for permission to the next court upi

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