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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 9039
Experience:  Senior Associate Solicitor
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My ex partner has recently relocated and wishes to change my

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Hi. My ex partner has recently relocated and wishes to change my daughters secondary school against her will and I was wondering what I can do about it ? Is it a legal requirement for my ex partner to consult me before doing so ?
JA: What steps has she taken? Has she filed any papers in family court?
Customer: No not at this stage. There are two schools that she has applied for one of which is a well respected school of which I had no problem with her switching to. She has been granted a place at another school and is currently awaiting a start date. My daughter has expressed her desire to stay at her current school to myself and her mum.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: Cornwall
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Yes, you need to be consulted when it comes to significant decisions for your Daughter.

You should try and agree matters with your ex partner but if your ex is unwilling to change their view then you may need the family court to intervene. The court will consider the issue of child contact and also the arrangements for schooling.

If custody is to be considered then the welfare checklist of the child is relevant :

http://www.inbrief.co.uk/child-law/child-welfare-checklist

You need to contact your ex and say you will have to apply for a child arrangements order and if you are successful then you will ask the court to order she pays the cost.

If she continues to refuse then you need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your ex and if she refuses to attend then you are free to make the application to the court. This is called “MIAM”, or a mediation assessment.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter).

If you are on low income/have low savings you can apply for a fee exemption here: www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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