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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?
The following is useful info to assist you with the site:
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.
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.
Can I clarify anything for you?