First Hearing not in my favour re: schools

I suspect the judge isn't familiar with your local authority catchment areas nor with the fact admission to a preschool does not guarentee admission to the primary school it's attached too. On this basis, it would make sense to choose the school he is already at, friends would be going to the same school, you are already travelling to it so that's obviously not considered an issue from your point of view. I think he probably made what he considered what he considered the best decision with the information he had.

It will probably come down to catchment areas and whether the fact that you are out of catchment (which at 11 miles you will be!) is an issue for admission to that school (is it over subscribed? If it is, you stand no chance at 11 miles, judge or no judge!). If you are across the road from your local school you are most certainly in catchment so job done.

Does your LEA offer an equal preference system or something else? Have a look at their website and get a feel for things or just phone them and explain what has happened and ask what they think is the likely outcome. Headteachers are usually willing to answer the 'will my child get into your school' question at the point applications are being made so you could give that a try as well.

As for residence - I can't for one minute think that you are going to lose residency of your son just because he goes to a school nearer your ex. That's just unreasonable.

I do hope that is correct. Someone informed me that I should get in touch with the Education Authority?? But when I submit my school submissions will it have any effect if I write in the comments box that I have been ordered to put these schools in this prefence even though its not my preference and that the school closest to my home would be preferred????

I'd get legal advice before doing that - it might be seen as obstructive in some way, particularly if you don't get into the school your ex wants and he demands a copy of the application.

Talk to the LEA. Tell them your concerns. Discuss catchment areas with them and how they make decisions on who goes to what school. If you're not careful I suspect you could not get into both schools if they are both over-subscribed and you put your nearest one second - but this will depend on how they determine who goes where. You need to do your homework a bit and if necessary, take it back to court I suspect.

Why, may I ask, are you sending your son to this pre-school (11 miles away) if you had no intention of sending him to the school there. Surely he has made friends there and is familiar with the school nearby. Is it that you have moved away? Why did you not enrole your son in a pre-school where you live now. Surely then you would have had more chance of getting the school of your choice.

When I have my son he goes to a private nursery / pre-school as the local one is only for a few hours a week and as I work full time isn't really appropriate. My ex said that the pre-school he sends him too is linked within the school but i found out it has no link at all, and just wants my son to be with him. He is now going for custody so he can have full responsibility of our son even though we have shared residence. I will speak to someone at LEA and find out if there is a chance of my son attending my chosen school as it is closest.