Change of School

[falafel123]

Looking for some advice on how the court may favour this specific issue only 12 months after our child arrangement order.

My ex partner has a new partner and has moved from her previous town, where I still live, to his town which is 35 minutes away.

She wants to move him to the school there. We have almost shared care (60% her, 40% me) although our court order is lives with mum, spends time with dad.

The proposed school is Welsh speaking and my child (6) doesn’t speak Welsh. He is undergoing tests for ASD, dyslexia and is significantly behind in reading and writing and has lots of extra support.

I’m really worried about the impact this potential move will have on him. Mum’s position is that the travelling (35 mins) is too much, but my argument is that he’ll still have to do this, just 40% of the time rather than 60% if he moves!

Any idea what the court may think?

 

[Ash]

Unfortunately I think the court would probably side with your ex as she's the resident parent and is free to live where she wants - she has a good reason to move and has a new partner. If the distance was further then I'd say go for a prohibited steps order to prevent the child being moved. As the journey is only 35 minutes they wouldn't stop her moving the school I think. And they'd say he would settle in. Having said all that, it could be worth a try - because as you say he has some special needs and doesn't speak Welsh. You could argue for him to remain at the same school and your ex do the travelling. If you can put forward a strong case, with evidence of the special needs, you might have a chance of getting a specific issues order that he remains at the same school.

The other thing to bear in mind is - if you did apply to court, whether you won the case or not - would this create massive hostility with your ex ongoing?

I don't think it matters at all that it's only a year since the CAO was made - when these things crop up they still need dealing with. I had to do a prohibited steps application 3 months after my final order (ex decided to move)