A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

First Hearing not in my favour re: schools

  • mumofone
  • mumofone's Avatar Posted by
  • Senior Member
  • Senior Member
More
19 Nov 09 #163387 by mumofone
Topic started by mumofone
I went to the courts today and self rep. Ex had a barrister there who made me feel very uneasy. Anyway went into the courtroom and stated our cases, we were both told to write why we thought our son should go to the schools in question (we were given an hour). Of course he had his solicitor to do this for him and I had to do this myself and I concentrated on what the Judge asked, I just based my paperwork on the schools. The judge looked at both statements and basically sided with ex. Now I have to change the submission and put his school as 1st choice. His school is 11 miles from my home so won't the council still choose my choice of school as it is across the road from my home??? The Judge said that a letter would go to the council on his decision but stated that his decision couldn't impact the decision of the council so does anyone know if I still stand a chance? Anyway his solicitor asked if they could discuss residence as my ex wants residence, currently we have shared. I want it to remain the same so if the council do pick his school it just means the school drop off for me would be slightly longer journey. Could he get residency now as the Judge has sided with the choice of schools????? HELP!!!! I can't believe that the judge sided with the father and not the mother!!! Its so unfair!!!!!! I AM SO SAD!!!!:unsure:

  • Poppy P
  • Poppy P's Avatar
  • Elite Member
  • Elite Member
More
19 Nov 09 #163406 by Poppy P
Reply from Poppy P
Please don't be sad. The Court will be looking at what is best for your child. It would be very unlikely to change the 'status quo' (change current living arrangment) unless there was a reason - ie neglect. The fact that you will be living further away from the school does not matter.
My ex took me to Court for joint residence and it was thrown out immediately.
Good luck xxx be strong!

  • mumofone
  • mumofone's Avatar Posted by
  • Senior Member
  • Senior Member
More
19 Nov 09 #163432 by mumofone
Reply from mumofone
Thank you, but do you know if the education authority / council go by the distance from home to school when a judge has issued his views????? If ex does get the school he wants won't custody go in his favour??? We currently have joint residency.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
19 Nov 09 #163438 by Fiona
Reply from Fiona
Everything else being equal there is no reason why a judge should side with a mother any more than a father.

What age is your son and how does he feel about the schools? How many overnights does he spend with each parent and how long has the arrangement been in place?

  • mumofone
  • mumofone's Avatar Posted by
  • Senior Member
  • Senior Member
More
20 Nov 09 #163502 by mumofone
Reply from mumofone
My son is 4 years old. He stays with me more regarding overnight stays and I am the PWC. This arrangement has been in place since we seperated. Can you shed any light on the school situation? Would the council look at where I live instead of looking at a request from a judge on his views of order of schools????

  • Deedum
  • Deedum's Avatar
  • Platinum Member
  • Platinum Member
More
20 Nov 09 #163506 by Deedum
Reply from Deedum
What was the reason for the other school being preferable for your son, in the judge's view? Does your ex have your son to stay during weekdays?

The nearest school is not always the best and if you have transport. Also, if the other school is nearer your ex, surely it would be better for him to apply to the school.

I do sympathise with your situation. However, I transported my children for the whole of their primary school years to a school outside of our catchment area because I felt they would get a better start to their education. They are both now in all the top sets at high school (this is our local one and they walk to school now).

  • mumofone
  • mumofone's Avatar Posted by
  • Senior Member
  • Senior Member
More
20 Nov 09 #163510 by mumofone
Reply from mumofone
The other school was in favour because my son attends the pre-school which is in the grounds of the primary school, which may i add is NOT linked with the primary school whatsoever!!! The judge wanted less disruption to my sons life. But my ex is just doing it for convenience, and just lied the whole time in court. I tried defending it but the judge was in a fowl mood and just sided with him. But will the council take great consideration into the judges wishes???? As the school near me is very good with outstanding ofsted reports.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.