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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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 a no order made with respect to my son's extra

Resolved Question:

I have a no order made with respect to my son's extra educational cost from FDR. can you tell me if I could make application to court for his fathers contribution to his extra educational cost now?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is ***** ***** we have "spoken" before.

As I recall your son has health problems and is a gifted musician.

Whose choice was it that he went to private school?

Was a final Order made at the FDR?

Customer: replied 11 months ago.

Hi Clare

Thank you for remembering.

My son was recommended by his school he was to go to an independent school when he was 4, as the head feared he was not being challenged at the school and worried he could be drawn back and frustrated. Because me and his dad earn well, they could not secure him a bursary. he had been at the school since he was just 6months starting in their nursery.

So myself and his dad made a joint decision for him to go to private school.

Customer: replied 11 months ago.

Yes, the final order was made at the adjourned fdr hearing

Expert:  Clare replied 11 months ago.

Over the years who has paid the fees?

Customer: replied 11 months ago.

He has paid the fees. but stopped paying stating that he no longer wants him in private education and I must look for bursary if I wanted him at the school. He informed the school in January 2015 of his decision to stop paying his fees and wish to terminate his contract with the school. At the time his reason was due to court order that disallowed him to be with his son alone and he wanted the headmaster to release his son to him from school so he could take him away from me. He was unaware that the school had the copy of the court order as he had told me not to give it to school as it was none of their business.

Expert:  Clare replied 11 months ago.

Remind me how old your son is - I keep thinking 12 but that may not be right

Customer: replied 11 months ago.

Hi sorry for the delay. I have had some issues with my eyes and had to keep away from the screen for a while.

My son is 16 years old now. He has just finished his IGSCE and will be staying on at the school for his sixth form. He is expected to do very well in the examination.

Expert:  Clare replied 10 months ago.

Time flies and he is doing well!

How much are the fees for the next two years?

Customer: replied 10 months ago.

Approximately £24k + extra educational including music and athletics costs of approximately £14k

Expert:  Clare replied 10 months ago.

How much of that do you want/need his father to cover?

Customer: replied 10 months ago.

I want him to pay at least 2/3rds, given his income level and also taking account of my own personal circumstances. I have to maintain my personal support due to disability.

Expert:  Clare replied 10 months ago.

In that case you can indeed make a Children Act application for your ex to contribute towards the school fees

The form you need is here

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/a001-eng.pdf\

Please ask if you need further details

Customer: replied 10 months ago.

what about the extra educational cost? do I apply for this using the same form?

He now pays maintenance. Would this affect the application?

he did not pay maintenance for years. should I ask for backpayment,

Expert:  Clare replied 10 months ago.

You apply for both of the amounts at the same time.

The fact that he is already paying maintenance will certainly be a factor that the court will take into account

You cannot ask for any back payments

Customer: replied 10 months ago.

I received a phonecall from his school this evening to let me know the school is giving my son 100% bursary for his sixth form study as the school does not want him to leave as his father demanded. His father has had a running battle with the school to have my son removed from school behind my back, to avoid paying school fees. My son has already been offered full sport scholarship by 2 other schools but too far from us and he does not want to stay as a border.

1) it's looking like I may have to only apply for the extra educational expenses. Am I correct? using the same form?

Also, school informed me that they have received a letter from his father's solicitor demanding for my son's information held by the school and school report under his parental responsibility. The school's legal department apparently want my son to write to inform the school whether he wishes information to be released to his father and they can exercise the data protection act. They said they have no contractual obligation to release information to his father as he does not pay the fees.

Under children Law can my son refused his father's demand to information about him? He is really petrified about his dad having information about him due to the negative experiences of the past.

2) can I still apply for extra educational cost to be met by his father irrespective of whether he has information school report or not?

Expert:  Clare replied 10 months ago.

What wonderful news - and what a testament of faith in the talented young man you are nurturing

Since your son is over 16 he can indeed limit what the school tells his father about him.

Yes you can still make that applictaion for the "extras" to be paid towards - using the same form

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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