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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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'm unsure as to whether or not this is an education

Resolved Question:

Good evening,I'm unsure as to whether or not this is an education law-related question or family law-related, so I'll ask in both areas.I am removing my 4 year old daughter from her current school as we are moving out of the area due to my ex-husband, her father, posing a risk to us due to a severe DV history. As an effort to safeguard myself and my children, I am moving away and not disclosing my address to my ex-husband.My ex-husband has recently been on bail for an allegation of sexual assault. Due to a lack of evidence, the case has been dropped and his bail conditions lifted. However, as he has a violent history, he has been advised by police to pursue access to our daughter through the family court.I have been advised that my ex-husband has no legal right to know where I or his daughter reside; I just need to ensure a channel of communication so that he can serve me, i.e. through a solicitor. Notably, there are no court orders in place regarding access or anything else.With all of the above in mind, my daughter's school is now requesting our new address so that this information can be passed on to the relevant educational authority. Ordinarily, this wouldn't be an issue; however, when I have asked the question about whether or not my child's father could gain access to this information (as he has parental rights), I have been left confused. Legally, does my daughter's school need to pass this information on?I have been made to feel that I absolutely must pass on my new address or my child will be considered 'Child Missing Education'. I am now worried, however, that my efforts to safeguard myself and my girls, i.e. through moving house, will be for nothing if my ex-husband calls school and asks for our forwarding address.Where do I stand with this? I'm very concerned.
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

You must give an address to the school.

They should not divulge it to anyone else and you can ask that your file be clearly marked as a high risk one.

In fairness all schools are careful where parents are separated to ensure the safety of all parties involved.

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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 3 months ago.
Thank you, ***** ***** concern stems from the fact that the headteacher said that, as her father has parental responsibility, she would need him to confirm his ID but then may need to pass on that information.I will communicate to the headteacher that, unless granted by court order, he does not have any right to have my or my daughter's address and hope that's enough.Thank you for your assistance.
Expert:  Clare replied 3 months ago.

I woudl go further and contact the Local Authority (if it is still a state school) or the Management (for an Academy) and ask them to inform the teacher that she has no right to release the address

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