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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. We have a ten year old daughter who I have residency

Resolved Question:

Hello. We have a ten year old daughter who I have residency of. The Court Order we had stated the amount of time my ex-husband can have our daughter. Over time he has constantly worn me down to increase this, which I have done, on the understanding our daughters life was not disrupted by the increase. (It is her wish to have 50/50 access to us both but I feel she is still very young and should be with me the majority of the time). At the moment she spends 3 days one week and 2 days the next week with her father. However, my ex-husband is now pushing me to allow him to have her 3 days each week. Against my better wishes, I offered him Friday to Friday as the days he has her now (thursday after school until tuesday moring drop off to school) was causing upset to her, forgetting to take things she needs for lessons etc) but he will not do this as it interferes with his work pattern (which he could change) and his social life.

He has stopped paying his half of the school fees and wants her to return to her old (perfectly good, state school)as he now thinks the education there is better. I wonder if you could tell me if I can revert back to the original Court Order regarding access and also if he can force me to change her school (again). She is due to sit her 11+ this September and I don't feel the upheaval would be any good for her. I appreciate I can't make him pay the school fees and when I informed her old school of my decision they told me it was a "very wise decision". So, despite the financial hardship it will cause me and my family I have decided to leave her where she is.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
When did your daughter last change school and why does he wish her to move again?
Claire
Customer: replied 3 years ago.

Hi Claire


My daughter last moved school in September 2012, at her fathers suggestion as he was unhappy she had not been put in the 'brain accademy' group. I was perfectly happy with the school, but after visiting her current private school could see that she would do better in a class of 10 as opposed to a class of 32 and was happy to pay half the fees. She is perfectly happy where she is and I do not see the point in disrupting her again. He is treating her like an adult, discussing everything with her, and in general creating problems. I have spoken with the Headmistress and she seems to think that the school can pursue him for his half of the fees and as long as I continue to pay my half is happy for our daughter to remain in the school. my main concern is what to do for the best regarding his access to her.


Martine


 

Expert:  Clare replied 3 years ago.
Hi
What does the Order say contact should be each week and what contact does he actually have?
Claire
Customer: replied 3 years ago.

Hi Claire


The Court Order says the contact should be on alternate weekends Friday after school until 6pm sunday and one night after school until 6.30pm one week and one overnight mid week stay the following week.


(3 nights a fortnight).


 


At the moment he picks her up from school thursday night and keeps her until school drop off the following tuesday morning, on alternate weeks.

Expert:  Clare replied 3 years ago.
Hi
Is your daughter happy with this pattern?
Claire
Customer: replied 3 years ago.

She would like 50/50 access to us both.


 


Martine

Expert:  Clare replied 3 years ago.
Hi
But you have offered that and he has refused - so bearing that in mind is she ok with the current pattern.
If so then it would be sensible to stick to that pattern rather than reverting to the original court order as doing that would look as though you were not putting your child's needs first.
he is not going to be able to force you to change the school without going to court - and it is unlikely that he could convince the Court that the move is in the child's best interests.
In fact you could make a claim for the school fees using Schedule 1 of the Children Act
Claire
Customer: replied 3 years ago.

Hi Claire


 


Thank you so much for your help. And yes, she is happy with the current arrangements. I will send him an email to this effect and let you know the outcome.


 


Thanks again.


 


Martine

Expert:  Clare replied 3 years ago.
Hi
You are most welcome and I hope that all goes well
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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