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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I am currently in the process of moving my sons school as we

Customer Question

Hi Pearl, I am currently in the process of moving my sons school as we moved districts last year. I wanted to move him once I had done some research on schools and also not move my son mid term. My ex has since bought a house in my sins current school district and opposes the move. Just wondering what to do next?!
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Sorry I'm not in the US, I'm UK England.
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: Yeah the LEA are happy to proceed with the move, there aren't any legal docs / court orders etc in place, all agreements made for out son hand been fairly informal so far. Ideal outcome would be for my son to be able to go to school close to where he lives the majority of the time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have my key main reasons for the move ie. Physical impact (we currently spend 3 hrs a day in a car, my son and I both find this exhausting) socially I feel my son is isolated, I am struggling to get him to out of school activity, have friends over for tea etc. Due to the distance. Financially it is becoming very expensive to travel each day. I also have a new baby on the way, due in Dec and worry about how I would travel 3 hrs a day with an exhausted little boy and new baby in tow.
Submitted: 3 months ago.
Category: UK Law
Expert:  Thomas Judge replied 3 months ago.

If he is opposing the move and you both have parental responsibility then you would need to make an application to court for the court's permission to move. This is called an application for a specific issue order - you would need to explain to the court the basis of the move, etc. From what you have said you have some very good arguments. The form is a C100- https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

There is also a very good book on amazon which explains the process in a very straight forward fashion and for about a tenner. - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X

Happy to discuss but please rate positive.

Expert:  Thomas Judge replied 3 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 3 months ago.
Hi Thomas,
Apologies I have been in work.
I did want ask what you believe the strongest points to argue for the move would be?
Similarly what would be the implications of making the move without consent or applying to the courts to decide?
Many thanks
Kelly
Expert:  Thomas Judge replied 3 months ago.

If you make the move without consent then he can make an application to the court to prevent the move - a prohibited steps order. But a lot of people do it anyway.

The distance will be your strongest argument; that you are settled; new baby etc. Basically that they are genuine reasons for the change. I think you have a good case from what you have written. It should not be a problem. Please rate positive.

Expert:  Thomas Judge replied 3 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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