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Category: Law
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Experience:  Barrister at Self Employed Barrister
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Im in the UK and want to move my son to a different schook

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Im in the UK and want to move my son to a different schook for academic reasons. My ex husband is against this. I am the primary carer. Do i need his permission
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No, so far just tried to talk to him to get him on board. One minute he is in favour, the next he says he needs time to consider but I informed him of my intention 13 months ago and the move would be to a year 10 STEM academy next Sept. applications had to be in by Oct 31st this year. Son has been given a place at new school but ex now against it again, even though he agreed our younger son wasnt going to the existing school that I want to move the eldest out of....
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am in south Gloucestershire which is between Bath and Bristol
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am primary carer and my son really wants this move too. He recently had his nose broken by a boy at the existing school and the other boy was permanently expelled but the governors have since reinstated him against the head teachers advice as it was an unprovoked attack. In anycase my son wants to do engineering and the school I want to move him to is a specialist academy where non core is substituted for engineering based GCSE’s as well as still doing core subjects

Let me see if I can help and please rate 5 stars. As parents you both should be involved in the decision making about schools as you both have parental responsibility. If you can not agree to which school the child should attend then you should technically attempt mediation (a MIAM) and if this does not work then an application to the court for a specific issue order on a form C100. The threat of all of this may be sufficient for you ex to formally agree. I have attached a link to a great book which should help -

Happy to discuss and please rate 5 stars

My pleasure.

Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks​

Customer: replied 3 months ago.
Yes, thanks

My pleasure

Customer: replied 3 months ago.
What happens if I move my son anyway?

Technically depending on where you go (if its far) you would need your ex's permission if he is seeing the child. Again you could make an application to the court if he is causing difficulties - the book will help.

Customer: replied 3 months ago.
Thank you
Customer: replied 3 months ago.
What area/court should I apply to and does a court order take very long?
Customer: replied 3 months ago.
Also, the link to the book takes me to an Amazon page that they say no longer exists

Your local family court. It takes about two-three months.

Just checked the page - works​

Customer: replied 3 months ago.
That link works, thank you....its to a school in the same local authority area to where both my ex and I live

Then you do not need permission to move.

Customer: replied 3 months ago.
Really? Thats fabulous news. Is there anything other than the book where that is written that perhaps I can send or signpost to my ex. If he knows that it will resolve the issue without bothering the courts!

Not that comes to mind, but the book.

ivorylounge and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thats great Thank you