Shared care, rights?

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  • #6572 Report


    I was married for 6 years and now been separated for 18 months.  I have 50% care of my two daughters (4 and 7).  2 nights each weekday and alternate weekends.

    My ex has been given notice on her rental property.  She receives housing benefit.  She believes she can only find a property that is 45 mins from me, currently she is about 20 mins with schools half way in between.

    She is taking a view that she can just move and change their schooling without any recourse.

    Has anybody had experience of this, what is the best route for a non-confrontational approach, how effective are the implied rights of being a father that was married to the children’s mother and on the birth certificate who has demonstrated the ability to provide full care for his children?

    I don’t want to enter any form of legal fight but I am looking at having to make a stance within a short period of time.  Yes, I could easily have my children more to limit their disruption but I am not looking to change the balance in either persons favour as it is not in the girls’ interests.


    #6582 Report


    No she cannot just change schools without your input. If you are sharing equal care than you are in an equal position. If she wants them to move schools and you do not than it would be down to your ex to prove the move is in their best interests. If nothing else is at play it is unlikely that it will be granted in the court especially if they are well established there.

    If she is taking that view that she can just do it, alarm bells should be ringing with you.

    If you allow that to happen without your full support in the move you might as well say that your ex is the primary career.


    #6585 Report


    At present courts are not involved. Do I need to go to court in some way to prevent any changes?

    #6691 Report


    as stated by solo, you would need to go to court to prevent such a move of schools and it would be a bad mark against your ex if she tried to move schools without your agreement.

    if they are well established and you are equal in your ability to travel I would say it is unlikely the move of schools would be granted, a bit disruptive. If it did occur, you would need to act quickly.

    That of course if there is not other factors and the both of you are fully involved in her schooling, going to parents evening etc.

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