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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1928
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The father to my child recently took me to court to change

Resolved Question:

The father to my child recently took me to court to change the contact arrangement to 50/50 and change our child's school. He lost the case but gained one evening ever other week. He now has every other weekend and every other two evenings. The school remains the same but shared "residency" rules continue, I didn't think to ask the judge to change it. A few months down the line, dad has already approached a another school, met the head and is asking me (in writing) to move our child again! (We had a year of legal stress and "nastiness" which affected our son who is diagnosed with autism) the court guardian recommended our son had less time with dad unless he changed his approach to parenting. Our son has only one year left until secondary school and I worry dad might change his mind about our choice on that school too. Our son will soon be 10. What do you advise I do? When does our child have his own voice? Experts wrote that he can communicate his views well.
Many thanks,
M
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-How old is the child?

-When was the most recent court order made?

-Did the court order deal with the change of school?

Customer: replied 7 months ago.
The most recent court order was end of September 2015. It did deal with our child's current school (that he remains where he is). Our child is 9 years old, nearly 10 years old.
Expert:  Harris replied 7 months ago.

What is his reason for wanting to transfer schools?

Customer: replied 7 months ago.
He says it is a "happy" school and that our child doesn't like his current school that he has been at since he was three.
Expert:  Harris replied 7 months ago.

Thanks for confirming. The child's views do not take precedents until they have reached at least 13 years old, but if there are any further court applications the child can request to speak directly with the judge.

Given that a court order was only made recently in September 2015 (therefore only 8 months ago), it is not reasonable for the father to expect you to overlook the court's decision unless there has been a major change in circumstances. As the mother, you have parental responsibility, and he cannot change schools without your permission. If you remain opposed to the move, you should speak to the headteacher of the new school explaining what the court decided last year and that you do not agree to the move. It will then be for the father to apply to court for a specific issue order to move schools.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 7 months ago.
Thank you, ***** ***** your response. Just to confirm: If a shared residence order becomes a "child arrangement order" where child "lives" with both parents even tho mum has the majority of time with the child, is mum still considered the parent with responsibility?
Expert:  Harris replied 7 months ago.

The child arrangement order for child to "live" with both parents, is the same as a shared residence order and therefore both parents have parental responsibility despite the arrangements not being equal. Therefore you both need to be consulted regarding major decisions in the child's upbringing, such as change of schools. Further, neither of you have overriding parental responsibility over the other.

Customer: replied 7 months ago.
That is what I thought and my real question is could I change that if dad is being unreasonable straight after a case. The shared residency was made in 2011 when it seemed "fashionable" it just wasn't and isn't appropriate. It is complex but like I wrote theory guardian recommended less contact not more for good reasons that were not hard enough to take further...
Expert:  Harris replied 7 months ago.

Despite the share residence order, if the father is named on the birth certificate or if you were married to each other, then he has parental responsibility in any event.

Customer: replied 7 months ago.
I see. Thank you very much for your time :)
Expert:  Harris replied 7 months ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1928
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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