My partner has left home with our son

clearingout

if your ex is only going to be able to get him into a poor ranking school but by living with you, he would get into a far better one, you would hope that this would have some kind of influcence on a judge. However, there is more to it than that so I suspect you'll be entering one hell of a game in applying for residency. His nursery is a private one, not one attached to a school for clarification? and it's your mum who has been doing the bulk of caring and support with childcare when son isn't in nursery?

jackieglasgow

If you check the local authority website you will be able to see which catchment area her address fall into, and therefore which school your son will attend. If he is starting in August he should have been registered at school already. Feel free to pm me with the details of the schools if you would like a second opinion

damsidebear

clearingout wrote: »

if your ex is only going to be able to get him into a poor ranking school but by living with you, he would get into a far better one, you would hope that this would have some kind of influcence on a judge. However, there is more to it than that so I suspect you'll be entering one hell of a game in applying for residency. His nursery is a private one, not one attached to a school for clarification? and it's your mum who has been doing the bulk of caring and support with childcare when son isn't in nursery?

Our son attends a private nursery on a wednesday afternoon (private) he has done since he was 2 years of age, he also attends the local authority nursery (connected to the primary school he is enrolled for come August). And Yes my mother has been his main carer.

clearingout

I'm not an expert - only had experience of residency 'battling' with the ex in England, not Scotland. But for what it's worth, the courts favour the status quo and it seems you are the one in a position to provide this, not your ex. It makes your situation very strong. The schooling issue on top of that - particulary as he already has a relationship with the school he'll be attending - makes it stronger. I suspect a solicitor would tell you the same but the reality of separating young children from their mothers (which no one wants to do) is the sticking point. I think you have to try.

As an aside, please hold onto that school place on a 'by hook or by crook' basis. Speak to the school directly NOW. Tell them what his happening and make it clear that you are not giving up the space. Your ex may try some backhanded approach to the local authority saying 'we've moved and we need to change school places'.

damsidebear

clearingout wrote: »

I'm not an expert - only had experience of residency 'battling' with the ex in England, not Scotland. But for what it's worth, the courts favour the status quo and it seems you are the one in a position to provide this, not your ex. It makes your situation very strong. The schooling issue on top of that - particulary as he already has a relationship with the school he'll be attending - makes it stronger. I suspect a solicitor would tell you the same but the reality of separating young children from their mothers (which no one wants to do) is the sticking point. I think you have to try.

As an aside, please hold onto that school place on a 'by hook or by crook' basis. Speak to the school directly NOW. Tell them what his happening and make it clear that you are not giving up the space. Your ex may try some backhanded approach to the local authority saying 'we've moved and we need to change school places'.

I have spoke to the nursery teacher regards top the situation and explained i am still wanting our son schooled there too.

damsidebear

Just a quick question: If i decide to instruct my solictor to apply for residency, what happens? what process is put in place? do i continue to stick to the 'mutual agreement' with my ex about our son being here 1/2 the week and with her the rest, just not sure how to go about this!

damsidebear

Bump! anyone pass opinion or in the know regarding the above.

damsidebear

Anyone????

damsidebear

any answers from anyone?

damsidebear

right just about had enough of my Ex's attitude, she is being a total bi*ch right now, she is due to pick our son up tomorrow, but i have a good mind to tell her to beat it i'm feeling so angry right now. I have not been awkward one little bit in this situation but she is just being a pain, i think i have answered myself and may well ask my solicitor to apply for full residency of our son! so mad. she is so thoughtless.