Non Attendance fine/prosecution - separated parents

solomum

Is there a court order in place for how often and where the kids can see their father? You could have stopped the visit, I would have thought and you must have packed their bags for them? I cannot see how you are not jointly liable here?
I think you need to pay and learn to put your foot down. You cannot expect the school to understand your personal circumstances (although in an ideal world they should), least the school's administrators who probably deal with a variety of similar issues on a daily basis.
I don't mean to sound harsh in any way. I learnt many lessons with my ex and most of them cost me dearly. I came out the other end. You will do too!

phoenix1837

For them to be fining and now taking to court after only 3 days absence is not the norm, it is 5 days. My guess is that this has happened before.

Spendless

phoenix1837 wrote: »

For them to be fining and now taking to court after only 3 days absence is not the norm, it is 5 days. My guess is that this has happened before.

This isn't true.Every area has their own code of conduct, some are zero tolerance, my own is after 4 sessions or more (so 2 days) some are more. All of them are littered with the word 'may' so they don't have to offer you a penalty notice they can take you straight to court if they so wish without issuing a penalty notice. If you don't pay within the time frame (28 days) you will be taken to court for the original offence of faling to ensure your child had regular attendance at school (regular being all sessions the school is open for)



That is something to look into though OP, what is your areas code of conduct about how many sessions usually trigger a penalty notice, has it been issued in line with that. If it hasn't been, then try that for an angle, but bear in mind what I've said above

Spendless

How old are the children btw? If at lest one wasn't what is called CSA (compulsory school age) you wuld have a defence for that child.

CSA is the term after 5th birthday until the last Friday in June in the academic year in which child turns 16 (usually yr11). (In England)

MrsSmith4323

So I wrote a letter of complaint to the school and to the Local Authority who issued the fine.

They came back within 48 hours...

...The case has been dropped against me by the courts (and the Local Authority) with an apology too.

I can't go into detail as the circumstances revealed upon their investigation were unique to my case but nevertheless, I was justified to be treated as not guilty as I did nothing wrong. It goes to show, speak to these authorities, get legal advice (which I did) and fight your corner.

Very relived it's sorted. Thought people should know the outcome.

Comms69

MrsSmith4323 wrote: »

So I wrote a letter of complaint to the school and to the Local Authority who issued the fine.

They came back within 48 hours...

...The case has been dropped against me by the courts (and the Local Authority) with an apology too. - congrats - though courts cannot drop cases, it would be fundamentally unjust - but that's just pedantry

I can't go into detail as the circumstances revealed upon their investigation were unique to my case but nevertheless, I was justified to be treated as not guilty as I did nothing wrong. It goes to show, speak to these authorities, get legal advice (which I did) and fight your corner.

Very relived it's sorted. Thought people should know the outcome.

well done, tell your ex not to do it again