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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4519
Experience:  LLB (Hons)
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If both parental guardians have joint residence/custody of

Customer Question

Hi if both parental guardians have joint residence/custody of our child and live in different areas (approx 1/1.5 hours apart) how does the court decide where the child is educated (if parents are not in agreement)? Can I make a case that OFSTED ratings are better in the area that I reside therefore would want their education where here? (I would have myself/family support to ensure school drop offs and pick ups and can make that case)
Submitted: 22 days ago.
Category: Family Law
Expert:  SASH_Law replied 22 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Do the parties already have a joint lives with child arrangements order? Is one parent planning on moving away, or are they already living a distance apart?

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Customer: replied 22 days ago.
We don't have an arrangement in place, but for instance we did have one (joint custody agreement) in place how would the courts decide. My partner is planning to move out of the area.
Expert:  SASH_Law replied 22 days ago.

If you live over an hour apart, it is very unlikely that you and the other parent would reach an agreement on shared care because it just wouldn't be logical for the children to live in two places and have to attend school in one. Therefore, because there'd be a lack of agreement, you would need to apply to court for a decision, and I have to say that it is extremely unlikely, if you are already living an hour apart, that the court would think it was in the children's best interests to have a shared lives with order.

If the children are already in school, the court is also less likely to consider that they should not only move house but move school too.

Of course, none of the above stops you from making an application to the court and putting forward your reasons for why the children should live with you and go to a school of your choice, rather than live with the other parent and continue at their current school. The court will ultimately always decide on the basis of what is in the children's best interests - which may not always be what either parent wants.

Customer: replied 22 days ago.
My son is 2 years old and attends a nursery in the area that I live in. I know we will have differences when the time comes and I want him to remain in this area. When we do go through the courts via a child arrangement order can this also be added in as well?
Expert:  SASH_Law replied 22 days ago.

Yes, of course if you think there are going to be issues it can be incorporated into any current order you are seeking. Just ensure that you raise the matter in your C100 application order (as a specific issues order) to state that you wish your child to attend a particular school and would like to have an order that you can make the application. As you will know, getting a place at the school of your choice is not a foregone conclusion, so the order will simply state that you have the right to apply to the school, as whether the child goes there or not will depend on whether he gets a place.

Expert:  SASH_Law replied 22 days ago.

Can I clarify anything for you?