Changing Schools

[Kassee]

If a couple split up and their child is 6. The father is looking after his son most of the time and mum has him a couple of days during the week, but is unreliable. Dad wants to change child's school, because at the moment his school is near mum's house and no where near where his dad is living or where he is living most of the time. So can dad just change his school. Or would this not be possible, without mum's consent. Both parents share parental responsibility.

I doubt mum will agree, as she is being really unreasonable about everything. (she has moved new boyfriend in, and basically thrown dad out).

[Daffy6543]

If the mother is the residential parent then the father will be unable to just change the child's school.

[Buenchico]

The father needs to apply for a 'specific issues order' to give him the right to determine the child's education.

If he's not already got a 'residence order' then he would probably be wisest to also apply for a 'child arrangements order' [as they've replaced 'residence orders'] to make it clear that his son lives with him (as your post suggest he does most of the time anyway). Otherwise he risks being arrested for 'child abduction' if he attempts to take his son on holiday abroad (or even, for example, on a day trip to Calais) without the specific consent of his former partner. (If he's got a residence order or a child arrangements order relating to residence he's allowed to take his son out of the country for up to 28 days without his ex's permission).

[Kassee]

Is it true that the court always sides with the mother ?

[Daffy6543]

Definitely not true that the court always sides with the mother Kassee, I can say that for sure as when my daughter and her ex partner went to court they sided with him, I now haven't seen my grandsons for several months because he is being a *** about visitation with their mum and maternal relatives.

[Kassee]

Why did they side with him, there must be reasons. Mum is living in a council house while dad had nowhere to live, but is now lodging with his own dad, so now grandson, son and grandad all living together. I do wonder if that is a problem that he doesnt yet have a place of his own.

[Daffy6543]

It's a very long story kassee, it started when they split up and he left her for another woman, he left her with huge rent arrears which resulted in her and the boys being evicted and made homeless, she sent the kids to live with him whilst she found a job and a home and he refused to give them back. She has had trouble finding a permanent home due to 2 unscrupulous landlords who took deposits and never handed over keys, because of the arrears on the first home she can't get on any waiting lists or get a reference. He however has a rented home and a girlfriend.
There are lots of times the judges side with dads, especially when mum can't afford legal representation but dad can.

[Kassee]

Your poor daughter that is heartbreaking Daffy.