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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1372
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can I apply Prohibited steps order to stop my wife taking

Customer Question

Can I apply for a Prohibited steps order to stop my wife taking our daughter out of her school and current environment
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
HelloWelcome to Just AnswerI am a Solicitor and will assist you.Please may I ask:- how old is your daughter?
- are there any current orders in place?
- when is your wife planning to change schools?
- why is your wife looking to change the school?Kind RegardsCaroline
Expert:  ukfamilysolicitor replied 1 year ago.
Ps - I'm just going into a meeting but I will respond to your reply as soon as I can
Customer: replied 1 year ago.
My Daughter is 10
No current orders in place
My wife left 4 weeks ago suddenly, taking our Daughter out of private school she has attended since 2. I have since found out without my approval she has asked her current school to arrange a temporary letter to attend a school 100 miles away which she is now attending .
Expert:  ukfamilysolicitor replied 1 year ago.
HelloThank you for your response.I am sorry to hear this.Please may I ask:- was the school a boarding school?
- why a 100 miles away? is that where the mother is living?
- are you current seeing your daughter? If so, what has she said about the change?Kind RegardsCaroline
Customer: replied 1 year ago.
Now it was a privately paid for school but not a boarding school.
She has gone to live with her sister
I have seen my daughter who wants to come home and has asked me to speak with her mum about being able to go to her own school
Expert:  ukfamilysolicitor replied 1 year ago.
HelloThank you for confirming that for me.I do consider that in your circumstances making an application to court is appropriate.As the mother has already appeared to move your daughters school - you need to ask the court to deal with the Specific Issue of your daughters schooling rather than a prohibited steps order.You need to make the application urgently - using Form C100.You need to detail that the mother has already taken the step of relocating your daughter and changing her school without your consent and therefore mediation is not appropriate.I say this because normally the court will reject an application were mediation has not been attempted first - so you need to explain that this is urgent.You also need the court to consider a Child Arrangement Order - so that the court can decide when your daughter should spend time with you.In reality - the court will not be happy that the mother has changed your daughters school without consulting you. The court considers that school is a constant factor in a child's life and if your daughter is also expressing a wish to go back to her school and friends then the court will also give appropriate weight to such wishes in light of her age and understanding.You need to act quickly.Let me know if I can help you furtherKind RegardsCarolinePlease kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
If I can assist further - don't hesitate to ask