ZE23P01539 - [2025] EWHC 1403 (Fam)

It is accepted that AB has some time before he starts at school. The parties are however wanting me to make an indication as to whether he should go to a school near the respondent, or one to the edge of London Borough P towards London Borough J where the applicants live.

The applicants have aligned their position to that of Ms Callaghan which is that they should look for schools on the London Borough J edge of London Borough P. That would have the effect of making journey times relatively similar from each home.

I made clear during the hearing that I am not now in a position to determine which school AB should go to. Much will depend on the reputation of the schools which are available closer to the time, and where by then the families live. In this regard it should be recorded that the respondent is waiting for larger accommodation to be provided for her by London Borough P and has been so waiting for three years.

I do consider that there is force in the respondent’s point that she will have to make the journeys on her own while there are two of the applicants. Further, there will be more school trips to and from her house than the applicants’ not only because, under the child arrangements order I have made AB will be with her more than the applicants, but also because more of their time with him is at the weekend.

I further see force in her argument that if he goes to a school near one of the households (she obviously says near hers) then AB will develop local friends. This I see as a supporting argument.

I therefore see force in the school being nearer her, but I would require the parties to consider further at the appropriate time: (i) what is offered by the particular school; (ii) public transport links to each of their homes; (iii) any changes in the contact arrangements.

I record that if I were to be making a choice now, without having been taken through the different educational qualities of the schools, and on the division of AB’s time that I have directed, I would be choosing the school near the mother, School Q. I further note that I can see different factors will come into play in relation to secondary schools. By then the quality of the education will attract greater weight.