Deciding on which school

[D4Daddy]

I am concerned about how the chosen school is decided upon. My ex is keen to use this as a way of distancing me from my son.

Here's a summary of my situation:

• My child is 2.5years old.
• I have parental responsibility (named on birth cert.)
• Child lives with mum but I am in currently fighting for 50:50 in the family courts (final hearing approaching later this year)
• Mum is on benefits and not working
• I am not on benefits.
• Child attends preschool currently that is very far from me. Mum intends to keep child there for primary schooling.

I expect the court to rule 50:50. I understand that the school catchment is determined normally by the address where the child is primarily resident. Hopefully I get 50:50, meaning either address is valid. However, according to the council webpage the following applies in this situation: "If children spend time equally at different addresses, then the address which will be used for admissions purposes will be the one registered for child benefit."

Now here's the thing; I am not on benefits and she is. I strongly suspect she plans to use this caveat to "get the power of decision" on the school choice.

Here's my question: What can I do to ensure that I have equal say in the choice of school? Is there anything I can do?? Perhaps there is something I can ask for at the court hearing?

 

[Ash]

Quick reply as it's late. She will be getting the child benefits - only one parent can get them and if you're not getting them then she is - that's separate from other benefits. However as part of the Child Arrangements application you can request as a specific issue that the child will attend a particular school, Do your research and find one that is in her catchment area and isn't too far from you and is a good school.

 

[D4Daddy]

Thanks for the info Ash. It does seem unfair on fathers. She lives far away and a school in her 2mile catchment would mean I will need to move house.

I don't claim child benefit as my child lives with my ex. If I win 50:50 in court then I can presumably apply to claim half of the child benefit. This then puts me on an equal footing to my ex regarding school catchment/location.?

I do realise however that it would benefit the child to live near the school for friends etc.

 

[Ash]

Child benefit can only be paid to one parent so the only way it could be shared is if your ex agrees to give you half of it, which is unlikely. Or unless you had sole residency and could claim it. Of course if your ex isn't claiming it then maybe you could, but she probably is.

How far away are you from her house?

 

[proud_dad]

You will have to demonstrate that a move to the proposed school is harmful to their overall welfare if you were to submit a specific issues order application.