Non Attendance fine/prosecution - separated parents

MrsSmith4323

Husband and I are separated. He lives in Asia now, me the UK.
He wrote to the school asking for an unauthorised absence. They refused
I wrote to the school stating I did not agree to him taking them out of school during term time and wanted it made clear I was NOT in agreement yet I had no choice.
I was fined, so was he.

I asked him to pay the fines and wrote to the school stating if any fines were incurred my ex would be responsible. When the fines came through he said he'd paid....
Turns out he didn't and now I am being prosecuted and papers have been served.

I have no money for a solicitor or to pay the fines as the divorce costs are crippling me.

Please advise me what to do? I quite clearly stated in writing I was against him doing this.

onwards&upwards

I’m sorry I don’t have any practical advice just wanted to say I feel for you. It’s so unfair that you are punished for something completely beyond your control. Somebody should take this to the highest court because it’s not in keeping with justice at all.

kingfisherblue

MrsSmith4323 wrote: »

Husband and I are separated. He lives in Asia now, me the UK.
He wrote to the school asking for an unauthorised absence. They refused
I wrote to the school stating I did not agree to him taking them out of school during term time and wanted it made clear I was NOT in agreement yet I had no choice.
I was fined, so was he.

I asked him to pay the fines and wrote to the school stating if any fines were incurred my ex would be responsible. When the fines came through he said he'd paid....
Turns out he didn't and now I am being prosecuted and papers have been served.

I have no money for a solicitor or to pay the fines as the divorce costs are crippling me.

Please advise me what to do? I quite clearly stated in writing I was against him doing this.

Apologies if I am being stupid here...


Presumably your child lives with you in the UK. How did your ex take the child out of school? Did they come over to the UK and have contact during the school term?

Jonathan_Kelvin

kingfisherblue wrote: »

Apologies if I am being stupid here...


Presumably your child lives with you in the UK. How did your ex take the child out of school? Did they come over to the UK and have contact during the school term?

I suppose that they could have returned them late after a visit overseas, but more information would probably make it easier for people to give the best advice.

kingfisherblue

Jonathan_Kelvin wrote: »

I suppose that they could have returned them late after a visit overseas, but more information would probably make it easier for people to give the best advice.

Yes, I didn't think about a late return. That's a possibility.

foxster99

See my reply in the second thread you started about this same thing.

Spendless

Has the time ran out where you could pay the higher charge? If it is then you no longer have the option of paying.

If this is the case then ask the School/LA if they will drop the charge against you submitting your evidence to them that you objected and the circumstances of how he took them abroad eg not returning from visiting them.

If they refuse, then it will go to court. You don;t have a statuory defence, there are very few. You will be better off pleading guilty. Parents aren't aware of a lot of this, they think it's 'just a fine'. You can and arents are taken to court even without the offer of a penalty notice.

If you want to consult a solicitor again many aren't very clued up, but I would suggest talking to Michael Spoors (Jon Platt's solicitor)

MrsSmith4323

Husband came back to UK and flew the children out to Asia 22nd July - 3 days before school broke up.

on 17th June i wrote to the school saying I did not agree with him taking them but I had no choice as he is their father

on 17th september I got a penalty notice -- sent it to my ex and he says he paid the fine on 4th Oct which I have in writing in a letter to the council

I've hear NOTHING from the school or the council until I got a letter dated 27th January 2020 serving the single Justice Procedural notice

I am scared.

I have done nothing wrong and I stated in writing to the school i did not agree with him doing this. at no point have the school contacted me to discuss this.

Please can someone help? I can't afford to rack up any more legal bills on top of an acrimonious divorce from this man.

hazyjo

No expert, but I really can't see how it's anything but joint. Unless he locked you out the house and packed for them and took them, I really don't see how you have a leg to stand on


Not sure being separated would even make a difference. If you were still living together and did not permit them to be taken out of school but your husband took them on holiday, you'd surely have to be half liable?


I do appreciate things are easier said than done and some people are intimidating, threatening, controlling, etc - but if there was any risk of him doing something serious or making threats, I would have thought the police should have been involved.


Sorry - perhaps I'm way off the mark and they will take circumstances into consideration. Fingers crossed. Must be very worrying.

Comms69

MrsSmith4323 wrote: »

Husband and I are separated. He lives in Asia now, me the UK.
He wrote to the school asking for an unauthorised absence. They refused
I wrote to the school stating I did not agree to him taking them out of school during term time and wanted it made clear I was NOT in agreement yet I had no choice.
I was fined, so was he.

I asked him to pay the fines and wrote to the school stating if any fines were incurred my ex would be responsible. When the fines came through he said he'd paid....
Turns out he didn't and now I am being prosecuted and papers have been served.

I have no money for a solicitor or to pay the fines as the divorce costs are crippling me.

Please advise me what to do? I quite clearly stated in writing I was against him doing this.

Either speak to the school or go to court. Those are literally your options now.

Comms69

Spendless wrote: »

Has the time ran out where you could pay the higher charge? If it is then you no longer have the option of paying.

If this is the case then ask the School/LA if they will drop the charge against you submitting your evidence to them that you objected and the circumstances of how he took them abroad eg not returning from visiting them.

If they refuse, then it will go to court. You don;t have a statuory defence, there are very few. You will be better off pleading guilty. Parents aren't aware of a lot of this, they think it's 'just a fine'. You can and arents are taken to court even without the offer of a penalty notice.

If you want to consult a solicitor again many aren't very clued up, but I would suggest talking to Michael Spoors (Jon Platt's solicitor)

Just to clarify a fine is a criminal sentence handed down by the court. It follows a conviction.


A penalty notice isn't. So when people say they've been fined they are often incorrect.