First up, I know legal advice would probably be best but I'm asking here because I'm after fellow IM's advice on, those IM's who have been through it even.
My ex and I went through a lengthy parenting court experience which eventually resulted in concent orders, one of the points within the orders are for our children to stay at their current school, which was a condition that came from my ex's side during compilations of the concent orders.
However my ex has now approached me wanting to change their school as he doesn't like it or the school personal or how they have dealt with our children and has said he wants them to have a new start and asked me to look at schools.
We have since found out that all the schools are now bound by catchments which would mean myself and our children moving to another catchment area of a chosen school, and then enrolling them, big thing for myself and children but something I am very open to doing depending on the area and school.
My question is, has anyone else done this, agreed on a change but not gone back to court (both of us are not keen to go back to court right now).
I have told my ex that I want his request in writing and our mutual agreement in writing just for security purposes in the future (so that he can't say I moved them without his consent or that I breached,etc) but would we need to go back to court to change this?
And would another school accept our children even though orders state they're to stay at their current school?
6 Replies
I would get him to write a stat dec, signed by a jp and everything.
You can do a 'mediation' with a lawyer. The lawyer then can have it ratified by the court. So even though it gets signed off on by the court you don't have any of the drama.
The school should be fine to enrol as long as both parents sign the enrolment forms. But check with the school involved..
OP here: I want and plan to get it in writing and signed by a jp to back up that he co-signed, agreed etc
As long as there's no court, really don't want that right now.
Anyone with similar experiences? What were the outcomes?
Before you move, see if you can get into a school out of catchment. My little guy that is currently in Year 2 did Prep at one School and Year 1 and 2 at another. Neither Schools were in our catchment. I am a single Mum also so maybe there is some priority for that? I believe with consent orders you can both sign something and put it into the court and have your orders amended. Probably wouldn't cost too much to ask your lawyer :-) Good luck!
All you have the agreement written up have the jp witness the signatures and then lodged them through the court.
You don’t need to appear just pay the application fee and once this is accepted by the judge it takes precedence and thus can not revert back to a later date agreement
I just recently enrolled my daughter for prep. I do recall there being a question on the application paperwork regarding whether there is Court orders in place relating to the child. I am certain that if there were they requested a copy? So if your consent orders specifically state the school (or names another school) it might be a problem. But then again normally both parents of the child have to sign the application paperwork so it may not be an issue?