Childrens education

[suvin50]

Hi

This is an issue about my daughter and her youngest child.

My daughter's husband left her 18 months ago and they were divorced 6 months ago. There are 3 children, the youngest of whom has special needs. He is currently in a school which specialises in problem children but they can no longer offer him a place as he does not interact well with other children. The staff at the school have been brilliant and have found another school locally which is more suitable to his needs. So far so good.

The father now lives 400 miles away and only sees the children 3 times a year during school holidays. He no longer pays maintenance. He is also refusing to release the money from the sale of the house which is currently held by a solicitor.

The issue is that he is adamant that he will not allow his son to go to this new school even though in June he will be without a school.

Is he allowed in law to do this?

Any advice will be most welcome.

Best regards

Suvin

[leclerc]

Re: Childrens education

Hi

This is an issue about my daughter and her youngest child.

My daughter's husband left her 18 months ago and they were divorced 6 months ago. There are 3 children, the youngest of whom has special needs. He is currently in a school which specialises in problem children but they can no longer offer him a place as he does not interact well with other children. The staff at the school have been brilliant and have found another school locally which is more suitable to his needs. So far so good.

The father now lives 400 miles away and only sees the children 3 times a year during school holidays. He no longer pays maintenance. He is also refusing to release the money from the sale of the house which is currently held by a solicitor.

The issue is that he is adamant that he will not allow his son to go to this new school even though in June he will be without a school.

Is he allowed in law to do this?

Any advice will be most welcome.

Best regards

Suvin

What is the alternative that he is proposing because the child has to be legally educated under the Education Act.

In this regards Kati on site team MIGHT be able to explain more.
[MENTION=49370]Kati[/MENTION]

[Kati]

Re: Childrens education

We do need to know what he is proposing instead of a school education ... does he want your daughter to home-educate (is this something your daughter has thought about?)? or is he wanting the child to go to another school?

[Openlaw15]

Re: Childrens education

Hi

This is an issue about my daughter and her youngest child.

My daughter's husband left her 18 months ago and they were divorced 6 months ago. There are 3 children, the youngest of whom has special needs. He is currently in a school which specialises in problem children but they can no longer offer him a place as he does not interact well with other children. The staff at the school have been brilliant and have found another school locally which is more suitable to his needs. So far so good.

The father now lives 400 miles away and only sees the children 3 times a year during school holidays. He no longer pays maintenance. He is also refusing to release the money from the sale of the house which is currently held by a solicitor.

The issue is that he is adamant that he will not allow his son to go to this new school even though in June he will be without a school.

Is he allowed in law to do this?

Any advice will be most welcome.

Best regards

Suvin

Hello Suvin. Legally speaking, I do not think the father has any legal or custody rights to do anything about it unless he tries to get a court order which would likely be refused in any event, for the following reasons. As far as am aware the person who has legal custody of the children is the parent who has the right to make decisions on their behalf, for instance matters to do with their welfare including but not limited to schooling. The only time the other parent needs to consent is take the children abroad, changing their name, adoption etc.

The person with legal custody is more likely to also have physical custody of the children for obvious reasons. As you seem to have legal and physical custody and your ex partner lives 400 miles away and in any event the contact he has with them is seldom at best, ie 3 times a year for holidays, it would seem it's you who has the legal authority to make decisions on their behalf as you are essentially raising them by yourself. In short, the children have a connection to where they're residing now. You currently manage their affairs including the child with complex learning in so far as their special education provision is concerned. The Education Act is the responsibility of the local education authority so the school staff are just following the law by making sure the child's needs are adequately met, ie changing schools owing to a change of circumstances is the school's legal responsibility. The father is too remote to have any say in where the children are educated in any event.

[suvin50]

Re: Childrens education

Thanks for your input on this. Basically what the father is saying is that he wants to choose which school he wants the child to attend. The other school which has offered a place is 40 miles away, and would cause major problems with transport.

[Kati]

Re: Childrens education

Thanks for your input on this. Basically what the father is saying is that he wants to choose which school he wants the child to attend. The other school which has offered a place is 40 miles away, and would cause major problems with transport.

Does her ex have a joint custody agreement??

[Openlaw15]

Re: Childrens education

Does her ex have a joint custody agreement??

Kati, the facts seem to suggest that as there has been a divorce and father only sees children 3 times a year for holidays only that is mere a contact right that the other parent has. The facts also for the same reasons allude that mother has full legal and physical custody of the children. Joint custody means that the custody is shared insofar as there would be at least substantial contact by the other parent, but the facts do not suggest this, in my view anyway.

[Openlaw15]

Re: Childrens education

Hi

This is an issue about my daughter and her youngest child.

My daughter's husband left her 18 months ago and they were divorced 6 months ago. There are 3 children, the youngest of whom has special needs. He is currently in a school which specialises in problem children but they can no longer offer him a place as he does not interact well with other children. The staff at the school have been brilliant and have found another school locally which is more suitable to his needs. So far so good.

The father now lives 400 miles away and only sees the children 3 times a year during school holidays. He no longer pays maintenance. He is also refusing to release the money from the sale of the house which is currently held by a solicitor.

The issue is that he is adamant that he will not allow his son to go to this new school even though in June he will be without a school.

Is he allowed in law to do this?

Any advice will be most welcome.

Best regards

Suvin

The law concerning child support maintenance is that the parent with non physical custody pays the child support for the one with physical custody. Has he been reported to the child support agency for not paying? Why is the solicitor holding on to the proceeds from the sale of the property post decree nisi absolute? Why does the father think he has the right to have control of the proceeds from the property's sale anyway. If the property has been sold, the bank (if there was mortgage) get paid first and all other debts settled, then the proceeds should be shared with the owners. Did she have joint ownership ie was the property/ or mortgage deed in her name as well?

[Openlaw15]

Re: Childrens education

Thanks for your input on this. Basically what the father is saying is that he wants to choose which school he wants the child to attend. The other school which has offered a place is 40 miles away, and would cause major problems with transport.

On your facts, in the absence of joint custody agreement (as Kati enquires) it just doesn't seem probable that the father could do anything about it except by getting a court order.

[Kati]

Re: Childrens education

On your facts, in the absence of joint custody agreement (as Kati enquires) it just doesn't seem probable that the father could do anything about it except by getting a court order.

I asked about a joint custody agreement as the legalities of it would be slightly different than if her ex just has PR for the child

With Parental Responsibility, the choice of school is usually left to the parent who has the child fro most of the time (although the absent parent still has the ability to request school reports, to meet the teacher etc...). If the absent parent does not agree to a change of school, they are advised to go through mediation to see if a compromise can be met BEFORE court is even thought about. Even then ... the choice of school would usually be down to the main carer.

With Joint Custody (even if the absent parent doesn't see the child as often) BOTH parents would have to agree on the school before a place is accepted or the school/LEA would be liable for prosecution from the parent who disagreed.

[suvin50]

Re: Childrens education

Not sure if they have joint custody. Will speak to my daughter today.

[Openlaw15]

Re: Childrens education

I asked about a joint custody agreement as the legalities of it would be slightly different than if her ex just has PR for the child

With Parental Responsibility, the choice of school is usually left to the parent who has the child fro most of the time (although the absent parent still has the ability to request school reports, to meet the teacher etc...). If the absent parent does not agree to a change of school, they are advised to go through mediation to see if a compromise can be met BEFORE court is even thought about. Even then ... the choice of school would usually be down to the main carer.

With Joint Custody (even if the absent parent doesn't see the child as often) BOTH parents would have to agree on the school before a place is accepted or the school/LEA would be liable for prosecution from the parent who disagreed.

The law is that the person with legal custody deals with issues to do with the children's schooling even if physical custody is held by someone else. Someone else with physical custody could be a carer, grandmother or, even a nanny if say the father (who has legal custody) was businessman away all the time. Parental responsibility is the person with physical custody given rights by the legal custodial parent.

It seems very unlikely that a person such as this father could have legal custody as he only sees the children 3 days a year during holidays. The father would likely have no chance to have any say whatsoever on the child's schooling whether through mediation or anything else. Whilst mediation is an option for reasonable parents the father simply does not appear to be reasonable as if that were the case his act would be for what is in the best interest of the child with special learning requirements, in which case he demonstrates he does not care but instead seemingly just likes to manipulate by controlling the other custodial parent.

[suvin50]

Re: Childrens education

There is a CAF meeting next week with teachers, parents and education department involved.

[Kati]

Re: Childrens education

There is a CAF meeting next week with teachers, parents and education department involved.

fingers crossed it goes well xxx

[suvin50]

Re: Childrens education

Hi

At the CAF meeting the ex agreed that my daughter's choice of school was the best option. meeting only lasted 10 minutes.

Thanks for all your input!!!