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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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Good evening, I am a single mum who's son has been offered

Customer Question

Good evening,
I am a single mum who's son has been offered a full bursary place at a boarding school. In order for him to take up his place the school require that both his parents (as both of us have parental responsibility DOB in 2004) must sign an Acceptance Form to say that we agree for him to be educated at the school. The terms and conditions include a clause that says both parents will be responsible for the school account unless a separate arrangement for the school account has been made and that both parents must sign that they agree to the seperate arrangement. I, the mother, have a seperate agreement with the school that clearly states that I am solely responsible for the school account.
My problem is that my sons father will not sign either the Acceptance Form or the Seperate Agreement (stating that I am solely responsible for the school account)because he thinks he will be liable for costs. I have explained to the father that he WILL NOT be liable for any costs and the letter clearly says so but he refuses to listen. I think, that he thinks, that I am trying to trick him into paying fees if not now then in the future if he was to suddenly comes into money. This is absurd. If the father doesn't sign the form and the letter the school have said that our son will not be allowed to attend.
What can I do? The deadline is the 31st January 2016 for accepting places.
Can a judge sign on the fathers behalf if it is in the interest of the child's education. Our son is a very clever boy and over the moon at the prospect of going to this school.
Sorry I have written a lot but as you can imagine the situation is difficult.
Many thanks
Kind regards
Julie
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWere you married to his father and are there any court orders in place?
Customer: replied 1 year ago.
Good Evening Clare
Thank you for your quick response.
No, I was not married to the father. We lived together until Our son was four.
Yes, there is a residence order which I have had to add In three photographs as the file would it load. Hope you can read it OK.
Many thanks for your help.
Kind regards
Julie
Customer: replied 1 year ago.
Clare, I should have mentioned that the father did not continue with the Tuesday contact arrangements after the hearing and the weekend visit became less in 2015 until they ceased completely in July 2015. Since then there have been a couple of phone calls and one Saturday overnight stay before Christmas. Currently there are no visits planned.
Kind regards
Julie
Expert:  Clare replied 1 year ago.
Would the school accept an Order from the Court?
Customer: replied 1 year ago.
i do not know if the school would accept a court order. I expect it depends on what the order says. i could ask them. I have heard of a specific order. is this what you were thinking of?
what would you recommend it to say? And can I arrange this myself as I do not have the means to instruct a solicitor. ( hence the bursary) The school deadline is 31st January 2016Thank you so much
Julie
Expert:  Clare replied 1 year ago.
It woudl be worth phoning the school and asking of they will accept a Court Order stating that the child will attend the school (at your cost) in lieu of the father's agreementIf they will do so then you can make the applictaion for a Specific Issue Order your self - and ask for an urgent hearing.This is done using a Form C100 available herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfIf not then you will still have to make an applictaion to the court for an Order that your ex sign the forms.The first applictaion would be easierPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Clare,
Thank you so very much!
I am going to try again to resolve the problem by correspondence (emails and posted copies of emails) and telephone calls. I will also ask the school to write directly to the father cc me explaining once again why they need the forms and reiterating that he will not be liable for costs. I will do these things today
In the mean time I will print the C100 and begin to understand and complete. If / When my other attempts fail I will apply for the order as a last resort.
The emails and letter from the school should show that I have made every effort and that the father is being unreasonable in not signing.
I pray my son gets to go as it would be a travesty if he was prevented from taking up this opportunity.
Thank you again. Your help was very much appreciated.
Have a lovely day!
Kind regards
Julie
Expert:  Clare replied 1 year ago.
Hi Julie
Your problem is that you are very pressed for time and need to get the court application in no later than next Monday to have any chance of meeting the deadline
Clare
Customer: replied 1 year ago.
Thank you Clare.
I understand and I will make sure the C100 application is in before the end of the week. If he does sign before the court date will I be Able to withdraw the application? If I can withdraw then maybe I should run both approaches in parallel?
As in I ask the school to write him a letter and also ask them in the event that he ultimately refuses to sign would they accept a court order.
Does that sound like a sensible plan of action?
Kind regards
Julie
Expert:  Clare replied 1 year ago.
Hi
You can withdraw the applictaion at any time - and I think a combined approach would be best
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You!
Best wishes
Julie
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Customer: replied 1 year ago.
Clare,
I am really sorry to bother you again but ...
I have downloaded the forms which say mediation is required or a signed exemption from a family mediator needs to accompany the application. How would you suggest I get around this as the application is urgent?
I hadn't thought of mediation so I could also email the father to suggest mediation over the issue. This would also demonstrate to the court that I have tried everything I can. The father will not go to mediation as we attended numorous meetings together prior to the Residence Order on 2014 and he thought them a waste of time and money.
Kind regards
Julie
Expert:  Clare replied 1 year ago.
Hi
You can certainly try and see if there is a mediator who cans see you urgently - otherwise you are going on the basis of 13c, delay and irretrievable problem
Clare

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