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Mina Counsel
Mina Counsel, Barrister
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School refusing contact I have just had a court order out in

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School refusing contactI have just had a court order out in place yesterday for child arrangements order in which I collect my daughter from her after school club on a Friday at 6pm. Today I was delayed due to transport so I called the after school club to say my partner would collect my daughter. My partner lives with me and my daughter has been staying every weekend for 8 years so she’s hardly a stranger. The after school club refused saying its safeguarding issues and that they need the mothers permission. I also had to have the mothers permission to collect my own daughter and be added to a list. My ex has several family members on this list so that if she’s ever delayed she has an alternative. Why am I being treated differently, are they allowed to do this if I have a court order saying she’s in my care from 6pm on a Friday? Surely if my ex can have other people collect my daughter without my permission, why am I being told I can’t without the mothers permission. What is their legal stance on this and what would you advise I do? As it’s bound to happen again in the future at some pointI’ve tried asking my ex to give permission but she’s just being stubborn so she can try accuse me of breaching the order

Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.

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I am so sorry to hear about the situation.

If you also have parental responsibility over your child, the school is legally wrong in saying everything need mother's permission. Has your parental rights ever been removed?

Customer: replied 17 days ago.

Not that i know of? I thought i read something on google about if you werent married the parental rights automatically go to the mother? Or am i reading it wrong

That is not true at all! Is your name on the birth certificate?

Customer: replied 17 days ago.

Yes it is

In that case you have equal parental rights as the mother and you need to make the school aware of that.

Would you like me to take a look at the order?

Customer: replied 17 days ago.

I dont have it yet as the hearing was only yesterday im still waiting for it in the post, but ill gladly send it to you once i have it.

I tried saying to them on the phone that i have a court order saying shes in my care from that time meaning i dont need permission from her mother but they were still refusing. They are a seperate after school club privately run so dont think theyll be very clued up on the law, where should i go from here? Does it matter that the mother is the one paying them because that might be why they are trying to keep her happy. The only reason shes paying them is because she is on universal credit so gets it paid for whereas i wouldnt

You need to show them the court order and tell them they need to let you or anyone with your authorisation to pick up your child during your time, otherwise you can contact the police. If they are not convinced, you can send them a legal letter and warn them they are in breach of the law if they refuse to let you pick up your child.

I hope this helps?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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Customer: replied 17 days ago.

Thankyou. Ill try this and come back to you if i need to. Thanks

You are welcome. Hope it goes well for you. Take care.