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?
What is his reason for wanting to transfer schools?
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.
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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.
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.
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
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