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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1442
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son and wife are divorced and have joint residency of their

Customer Question

My son and wife are divorced and have joint residency of their two daughters through a court order.
She wants them to move to another school and is currently making arrangements. The children do not want to change. Can she do this without their fathers permission?
Thank you for any help.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old are the children?
- why is the mother wanting to change the children's schools?
Kind Regards
Customer: replied 2 years ago.
Apologies for not giving the childrens ages. They are almost 12 and 14 and both attend the same high school. There has recently been some trouble involving pupils at the current school and when the children mentioned it to their mother she decided they would be better off at a new school. Without consulting their father she has already arranged a place for the elder daughter and there will be an appeal hearing for the younger on 12/ 01/16, The girls do not want to be split up and have told their father they do not want to change schools. Thank you for helping
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for confirming this to me.
As your son also has parental responsibility for his daughters then he should be consulted.
In the first instance - he should contact the school and the education authority to confirm that he does not agree.
Your son should consider making an application to the court for a Specific Issue Order - so that the court can decide the issue of the girls schooling.
Normally all children cases have to be referred to mediation first unless the matter is urgent.
As the mother has already arranged the move for one girl - I am minded to tell you that the court will likely consider this as an urgent matter.
Just to ensure that your son's application isnt rejected - call and speak to a local mediation service in your area - they will likely consider that the matter needs to go to court and they will sign the form that he needs.
This Form (C100) should then be completed by your son and a hearing requested ASAP - that being before the change is due to happen. The court fee is £215 and this is sent to the local family court.
The court will then make a decision as to whether the change is in the children's best interest or not. The court will also give high regard to the children's wishes and feelings - give their ages.
Kind Regards
Positive feedback is gratefully received