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Choice of School

  • BT39
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3 years 8 months ago #488079 by BT39
Choice of School was created by BT39
Hi,

I have a child arrangements order against my ex for my daughter, and when it was made she denied that she had been ignoring my parental responsibility.

I discovered recently that the deadline has passed for my daughters school that she will be attending, and my ex had not consulted with me or even informed me where she would be chosen for my daughter would be going to school .

As part of parental responsibility should she consult or tell me where she had chosen my daughters school please?

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  • Mitchum
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3 years 8 months ago #488096 by Mitchum
Replied by Mitchum on topic Re:Choice of School
I don't know what exactly a Child Arrangement Order covers, but presumably it was necessary because she didn't involve you in the past. A ‘Specific Issue Order’covers which school the child goes to.

However, I can appreciate discovering that your ex has made an important decision without you is upsetting. On the face of it, it is unfair of your ex to make this decision without talking to you first.

Usually the distinction is that the resident parent has responsibility for everyday decisions, while the non-resident parent should be consulted about bigger decisions regarding upbringing and certainly choice of school could be argued to be a major decision.

Although it is generally good to stay out of the courts, if your wife won't cooperate over issues it may be better for you to formalise your custody agreement through a Parenting Plan with a lawyer so that your rights can be recognized.

Setting some ground rules now will help you both be clear about your rights and responsibilities and hopefully avoid conflict in the future.

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3 years 8 months ago #488117 by Forseti
Replied by Forseti on topic Re:Choice of School
In A v A [2004] EWHC 142 Lord Justice Wall included choice of school as one of the decisions which should be taken by both parents. Where the parents cannot agree, the court will have to decide. So, yes, if you have PR, your ex should involve you in this decision.

A Parenting Plan has no legal status unless drawn up into a Child Arrangements Order and approved by a court.

Child Arrangements Orders are not made \"against\" anyone but in the best interests of the child to ensure he or she is parented appropriately by both parents. Part of the philosophy behind them is to move away from the old distinction between \"resident\" and \"non-resident\" parents.

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3 years 8 months ago #488122 by Mitchum
Replied by Mitchum on topic Re:Choice of School
You can download and print the guide here.

www.gov.uk/looking-after-children-divorce/types-of-court-order

Updated 5 January 2017.

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