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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I am divorced from my ex and remarried. I have 2 children

Customer Question

Hi, I am divorced from my ex and remarried. I have 2 children from the previous marriage. There is no court orders in place (the only agreement was a statement of arrangement when we divorced with regard to contact) I have the children 3 days in every 8. This is in line with my work related shift pattern. It means our contact arrangement is on an 8 week rota. My Son is coming up to 11 and has just passed the 'Medway test' for Grammar school selection. My ex seems to think that the decision as to which school he attends is up to her. I believe I should have a say (I also feel my son should have an input). I am worried that she is going to select a school to apply for without my consent. (we are fairly amicable but she always resents me having any say in things.) My concern is that she will select a school that a)my son does not wish to attend and b)the school will be some travel distance away which in turn will cause problems during his time at my home as I have other children in my hom
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas Judge replied 1 year ago.

The starting point is that you should try if possible to sit down with her and agree this between the two of you - mediation can be a workable option under such circumstances. As you both have parental responsibility - you both have the same rights or equal vote as to the school. If matters can not be agreed then the answer would sadly have to be court proceedings for something called a specific issue order which allows the court to make the decision for the child and the both of you. There are quality books which can talk you through this process on how to represent yourself in the family court if you can not afford a solicitor. Happy to discuss. Please rate positive

Customer: replied 1 year ago.
Thanks for your answer. You have pretty much covered what I already know. The problem is that she will do everything she ever can to avoid talking to me. Mediation would be dragged out and costly. If she even agreed I would pay a small fortune just for her to ignore whatever she pretends to agree to (she refused to mediate before our divorce). The problem is the time scale. The paper work for the school has to be completed and submitted by the end of this month. My question was more to do with exactly how do I submit a request for a specific issue order, what would I need to state and what time scale it can be over. If I wait for mediation to not work (or even if she does embrace the process) then it will be to late for my voice to be heard.
Expert:  Thomas Judge replied 1 year ago.

I attach herewith a copy of the form - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf

It is a straight forward application - you would need to set out the school and why - giving details of the positives for the new school. If you can stress the urgency of the application then there would be sufficient time for the court to hear a straight forward - either or - application. Happy to discuss. Please rate positive

Expert:  Thomas Judge replied 1 year ago.

I hope that this helps - please rate positive - thanks

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