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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Background My ex wife wants to move our girls (ages 6 and 8)

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My ex wife wants to move our girls (ages 6 and 8) to a Steiner school. I am ok with this on certain conditions. As she has previously suggested homeschooling (which I am against) I am worried Steiner could be a back door to homeschooling. So, I am asking her to present a letter via her solicitor stating three things to reassure me.1 - that if attendance drops below a certain level (illness aside) the girls return to their state primary
2 - that we meet regularly (each term) to review how the girls are doing. If they seem unhappy then they return to their state primary
3 - that she pays all school fees (she offered to do this)She agrees with all three points. However, she says that I need to petition for this via my own solicitor. That her solicitor cannot just draw up a statement of these three things and have us both sign it. I don't want to unnecessarily pay a solicitor.Question
Is this true? Do I have to use a solicitor? Surely she can have the agreement drawn up and we both sign it and have a copy each and one with the solicitor. I do appreciate that there is little in law that might be done with such an agreement, it is just that she needs to know I am absolutely serious about this and will trigger a single issue court order for a return to their state primary if she breaks the agreement. She has said she absolutely doesn't want to, so all I need is a statement of trust.Thank you

Thank you for your further question. Given that you have both reached agreement there is not necessarily any need to instruct a solicitor to prepare this document for you and you would be able to prepare it yourself and present it to her for agreement. As previously stated, children agreements are not legally binding unless approved in a court order but it is something you can rely on as evidence in any potential court application.

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