Another School/Custody Issue

[casa]

Definitely sucks! By the time this is all done, I truly don't see the judge doing anything more than slapping dad's hand. But boy, if I had taken our son out of state, I would already be behind bars!

Not necessarily...many factors are determining the 'priority' or emergency status of your case...one of which is the child's age. You can't make a blanket statement ~ many factors contribute to whethere these scenarios are viewed as Parental Abduction & when it's viewed more as Contested Custody or Contempt. IMO

 

[majomom1]

OK, now I need some VERY CLEAR answers from you:

1) Do you have a COURT ORDER which SPECIFICALLY STATES that Dad is NOT to have access to the child's educational records? Yes or No? If the answer is No, then Dad has every Right to the records.

2) Dad should not have enrolled son in out of state school because he DID NOT HAVE PHYSICAL CUSTODY. So, you pursue him legally for CONTEMPT & Violation of the Court Order. You did. You have trial in January.

What is confusing about this for you?

No, I don't have an order denying him the records, and don't want to deny him those. He has the records, they printed them out for him.

I don't want the official, certified records transferred to the other school. I want my kid back in the school in MO. I want him to have to follow the current order... like I have to.

Not confused... just ticked off!!!

 

[casa]

No, I don't have an order denying him the records, and don't want to deny him those. He has the records, they printed them out for him.

I don't want the official, certified records transferred to the other school. I want my kid back in the school in MO. I want him to have to follow the current order... like I have to.

Not confused... just ticked off!!!

I'd be livid as well. But wasting time/energy & resources attempting to block the records (especially when they really are needed to augment your child's education) is not helping you. It's slowing you down & wasting what could be put to better use prepping for January.

My 2c. Take or Toss.

 

[majomom1]

Not necessarily...many factors are determining the 'priority' or emergency status of your case...one of which is the child's age. You can't make a blanket statement ~ many factors contribute to whethere these scenarios are viewed as Parental Abduction & when it's viewed more as Contested Custody or Contempt. IMO

Oh... I am well aware that age is a factor. My kids are learning how to beat the system and I don't like that, because they are applying the same principals elsewhere now.

If he gets both my kids out of MO... then contempt charges don't mean squat anymore and never will.

 

[majomom1]

I'd be livid as well. But wasting time/energy & resources attempting to block the records (especially when they really are needed to augment your child's education) is not helping you. It's slowing you down & wasting what could be put to better use prepping for January.

My 2c. Take or Toss.

I will take everyone's two cents. I am ready for court... and just twiddling my thumbs now waiting. In the meantime, my ex is ****y and overbearing.

 

[casa]

I will take everyone's two cents. I am ready for court... and just twiddling my thumbs now waiting. In the meantime, my ex is ****y and overbearing.

So is one of mine...and I have to deal with him for 13 more years, minimum. I can only hope I'm accruing fantastic karma

 

[majomom1]

So is one of mine...and I have to deal with him for 13 more years, minimum. I can only hope I'm accruing fantastic karma

It's just frustrating. If the schools would honor the court order (like their school policy states) then he would not have been able to do all of this. In this case, no records should mean that KS school sends son back to MO school and tells dad to go through the courts (Like they are telling me to do)... If all avenues are blocked, the they have to sit down and discuss it, or wait for court.

Me, I would NEVER deny him rights to decision making for major issues, or do anything that we did not agree on. My kids get so annoyed when I tell them that I have to discuss something with their dad first... but for me, it is the right thing to do, so I do it.

 

[LdiJ]

Correct, but she's confusing her 'request' with what they are LEGALLY obligated to do/not do. ie; until a Judge ORDERS that Dad is not to have access to the child's records...then the child's father will continue to have unrestricted access under State & Federal Law.

It's frustrating bc Dad's getting a quicker response than She is re; her Custody/Contempt action. But her action is more complicated & more factors come into play. Not the least of which has been Jurisdiction as I recall. Waaaaaaay Different scenarios. Sorry. It sucks what Majomom's going through...but it doesn't negate Dad's Rights as they stand, Legally, with the Current Court Order.

Casa, you may already know this but this is a case where dad simply kept the child after summer visitation, and the school enabled this by allowing him to enroll the child even though he didn't have custody....and its a cross state situation to boot.

 

[casa]

Casa, you may already know this but this is a case where dad simply kept the child after summer visitation, and the school enabled this by allowing him to enroll the child even though he didn't have custody....and its a cross state situation to boot.

Yeah, a HUGE nightmare.