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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have enrolled my children – two 8 and 11yo – at a boarding

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Hi,
I have enrolled my children – two 8 and 11yo – at a boarding school in the UK. I have submitted registration documents, Parents Contract signed only by me - so one parent only, where on the registration form I gave father’s details. We are divorced living separately. Children normally live with me. The school enrolled children and now they are at school. Father does not accept children being at the school and asks the school to remove children. Father knows he can collect the children but refuses to do so, because he wants me - the mother to collect them. I as the mother do not want to remove children from school at least by the end of Autumn term. I do not believe the father will pick up the children from the school.
My question is regarding the school, and what the school can do at the moment? I understand they should not have had enrolled children in the first place. But since they did, can they throw the children out mid term? Can they make me collect the children? Could I then sue the school because of complications that move would cause me and also for the stress for the children?
Shortly what I would need is the letter from lawyer stating the consequences the school could be facing if the principal forcefully removed my children from the school.
Thank you.
Patrycja Gierak
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I am doing it as we speak and today papers should be filed. The school will receive them asap, however I don't know how long the procedure will take as I am doing it in Poland.
JA: 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: Both I and the father work and live in Poland. However since teh children went to boarding school I have lots of travel work comitments
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The school naturally would like to get rid of the problem and would like me to collect the children and I would like the children to stay at school. The father is causing a lot of distress for the school and I think they are afraid he will sue them.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

I understand that you have difficulties with school and want to sue them. I will outline what you need to do in order to do that.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

As you are not in the UK but Poland you may have to issue a paper claim.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not might I invite you to leave me a positive rating before you go, this ensures the site pays me for the time spent answering your question.

If you need anything further I am available for a follow up at no extra cost.

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