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How can I avoid him from applying school?

  • Mingzi
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09 Sep 12 #354860 by Mingzi
Topic started by Mingzi
Hi, this is my situation

Joint custody at the moment( I signed for this without leagle advice)

My husband take care of my son for 4 days a week. He is the resitantal parent at the momen

our son need to apply school soon, my husband has the child benefit.

Our son need to go to school next september But I can''t apply school for him near where I live.

I m changing solicitor, my former solicitor havent sent all the papers to my new solicitor. So at the moment, I don''t have solicitor.

My aim is have my son sttand school with me.


Q: If my ex husband already applied school for my son before we have result from the court. Would it possible to cancel it and apply another one in where I live??


but I dont know when I need to go to court.
He apply the school for my son without asking me, although he is resitantal parent at the moment, we r still joint custody. does that matter? would the judge care about this right for me?

  • u6c00
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09 Sep 12 #354865 by u6c00
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I believe that you would apply for a Specific Issue Order, asking that the child be registered at a school which you name.

I don''t think I''d be able to comment on your chances of success though.

  • sexysadie
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10 Sep 12 #354889 by sexysadie
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If he is the current resident parent and has the child benefit, then he will be able to apply. He is supposed to consult you, though.

Are you asking the court for a change of residence? If your ex is going to continue as the resident parent then your son will be expected to go to school near where he lives. I wouldn''t expect a court to make a specific issue order that a child should go to school near where the NRP lives if residence isn''t going to change.

Best wishes,
Sadie

  • Tets
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10 Sep 12 #355106 by Tets
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Was there any agreement of where your son would go to school in the document you signed?

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11 Sep 12 #355121 by Mingzi
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My husband has a full time job. I have him 3 school days. he has him on thursday, friday sunday sunday. my son go to nursery on thursday n friday.

I dont have a car.

our first agreement we signed for, i should have 4 days , he pay for 3 monthes child maintaners then stop. i work part time on friday n saterday night. after he cut the child maintanes. i need to work.

the GP of my son is with me.

he has violence problem

i want to go to court to get my son back, there r lots of detail , but i coudnt right all them down at the moment,

but i just hope that i could go to court before he go to school

Q; CAN I apply school again after Jan. ? what if i won it but he already applied it.

do u think i can win it? why

  • Tets
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14 Sep 12 #355956 by Tets
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as U6 said above you would have to apply to court for a specific issue order, perhaps others with more experience can give some idea of how you would get on.

  • missguided
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17 Sep 12 #356262 by missguided
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Anyone with parental responsibilty can apply for a school place without the other parents knowledge (i know because my stbx did exactly this to me).
Unless the school are made aware of an issue or court order etc, they will act on one parents request.

So, there is nothing stopping you applying for a school place for your child and getting it.
The only arguement you would then have is with your ex over how it would work and if he was in agreement.
If he wasnt in agreement then as U6 says you would have to apply for a specific issue order.
Miss x

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