My ex changing school without consent

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DozFiha

Active Member
12 October 2020
7
0
31
My ex has changed my son's school without consulting me.
We have shared parental responsibility in the final orders and that includes "the school which the child shall attend".
I told her it is against court orders and she responded that it is her life and she can move houses and since our son lives with her then he will automatically change schools to local school and that she will not discuss her decisions with me.
I have talked to a lawyer and she said if you file a contravention, the court will most likely not do much if anything - mainly because the new school is still not too far away for it to be too much of a concern and she can come up with many excuses of why she did it.
Note that this is the second time she has done this (first time was during the actual court proceedings when we were fighting over custody, etc).
My concern is that if she can continue to get away with this, then what will stop her from continuing to breach the orders?
Should I still file contravention or is this a loosing battle? (she has refused coming to mediation in this regard)
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Pick your battles. This isn't the battle to have. Unless there is a very good reason to insist on a particular school. Let me give an example. The child was at a specific faith based school, then MAYBE... But if it is a change from one public school to another, simply for practicality reasons, then the courts wont force the kid to travel 30 min when there is a school 5 min away.

Does it substantially impact on your time with the kid? I'm guessing NOPE. Another reason to let this go.

So take her to court, you could lose. She will learn that she can indeed breach and soon it will be breaching so you don't see the kid.... So this isn't the battle to have. IF she stops you seeing the child THEN that is the battle to have.
 

DozFiha

Active Member
12 October 2020
7
0
31
My ex has changed my son's school without consulting me.
We have shared parental responsibility in the final orders and that includes "the school which the child shall attend".
I told her it is against court orders and she responded that it is her life and she can move houses and since our son lives with her then he will automatically change schools to local school and that she will not discuss her decisions with me.
I have talked to a lawyer and she said if you file a contravention, the court will most likely not do much if anything - mainly because the new school is still not too far away for it to be too much of a concern and she can come up with many excuses of why she did it.
Note that this is the second time she has done this (first time was during the actual court proceedings when we were fighting over custody, etc).
My concern is that if she can continue to get away with this, then what will stop her from continuing to breach the orders?
Should I still file contravention or is this a loosing battle? (she has refused coming to mediation in this regard)
Understood. Thank you very much Sammy!