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I'm going through much the same as many of you on here. It seems they will stop at nothing! I've recently been falsely accused of DV (legal aid perhaps?) and contact has been withheld for two months (conveniently coincided with my wedding). First hearing in October. Representing in person again.
Anyway, the ex has taken my daughter out of school and relocated. I have no idea where. I have parental responsibly and no orders have ever been made against me despite the ex's best efforts. I would like to find out where my daughter is currently attending school to talk to her teachers about my concerns. Her old school refuse to tell me. Does anyone know where I stand on this legally, or how I go about finding out where she is at school?
Thanks,
Al
Hi
I'll ask the cclc to pop on and give some advice on this, so keep checking back.
Dear Albatross
Thank you for your e-mail.
Firstly, it is important to know whether you have Parental Responsibility for your daughter. You would have this if:-
• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court
Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child. Therefore if you do have Parental Responsiblity your ex partner should have consulted with you on a change of school. If you are a holder of Parental Responsibility the Admissions Authority at the Local Authority should provide details to you regarding your child's education unless there is an Order in place preventing them from doing so.
If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:
• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.
We would advise that you consider making an application to the Court for a Declaration of the Child's Whereabouts, this Order would be asking the Court to obtain the address of your ex partner and daughter and disclose to you if apprpriate, alongside a Contact Order, which would set out times and dates for contact and a Specific Issue Order for details of your daughter's new school.
In order to make the above applications you will need the following forms:
1) For the declaration of the child's whereabouts you require a C4
2) For a Contact Order and Specific Issue Order you require a C100
3) The relevant fee - we would suggest you check with the Court for this. However if you are eligible for a fee exemption you will need a form entitled EX160A.
Once you have completed the forms you will need to make three copies of your applications and hand them in to your local Family Proceedings Court and await a hearing date.
The Courts will then decide how to take the matter forward.
It is important to note that contact is the right of the child and not the right of the parent. The Courts will act in what they feel is in the best interests of the child and will follow the welfare checklist which is a list of factors set out below:
1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and under-standing)
2. his physical, emotional and educational needs
3. the likely effect of any change in his circumstances
4. his age, [censored], background and any characteristics of his which the court considers relevant
5. any harm which he has suffered or is at risk of suffering
6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
7. the range of powers available to the court
Should you require any further legal advice please do contact us on our freephone advice line number, 0808 8020 008, available Monday to Friday 8am to 8pm.
Yours sincerely
CORAM CHILDREN'S LEGAL CENTRE
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