Elibabeth2

[BelizeBreeze]

The exams you refer to as being given in March are for english and math. The exams sadmom is talking about (but possibly not calling by the right name) are an eight grade science exam and an eighth grade foreign languange exam. I'm not an expert in middle school but my own children took them a few years ago.
I know she keeps saying it's not a regents exam but she should look into those also as she will need the information for next year and the years following that. I would think her school superintedent/principal or guidance counselor could lead her in the right direction as to what could be used as legal proof. I'm not giving legal advice only letting you know that these tests are important for the child's education. The best interest of the child are what's important. Now she should take all this advice/written evidence to a lawyer and amend the agreement.

Although the way i'm understanding is the agreement reads July. The test is no later than June 23rd (and it's probably earlier than that) Last I checked it only takes a few hours from NY to FL. Leaving on June 24th would get you there way before July.

Although I can agree to a point, there is no requirement that the tests be taken at any ONE location. and regardless, nothing discussed here is relevant to the contempt of a court order.

Our poster knew of the requirements, Or legally should have known, and had ample time to seek either a modification, release from the court or an agreed upon deal with the ex. By waiting until the 11th hour, she has lost all credibility with the court and cannot now come for relief due to her own negligence.

Although you present a good argument, it is moot in regards to the legal requirements of the existing court order.

 

[CJane]

Would it be 'reasonable' for mom to request that dad provide her with a return itinerary showing that the child will in fact be returning on Sunday night?

 

[BelizeBreeze]

Would it be 'reasonable' for mom to request that dad provide her with a return itinerary showing that the child will in fact be returning on Sunday night?

that depends entirely on the exact wording of the order and I'm not going to go back and review it.

Reasonable yes. REQUIRED no. In fact, if the order stipulates that dad has "Father's day" then he gets the child until 12 midnight on Sunday.

 

[CJane]

that depends entirely on the exact wording of the order and I'm not going to go back and review it.

Reasonable yes. REQUIRED no. In fact, if the order stipulates that dad has "Father's day" then he gets the child until 12 midnight on Sunday.

If I'm remembering the order correctly, it doesn't address Father's Day at all, but does stipulate that on holiday weekends, the child should be returned mid day on Sunday provided school resumes on Monday. If school resumes on a different day, then the child should be returned midday the day prior to school resuming.

However, the order addresses nothing as far as time of return for regular visitation.

 

[StickyFingers]

IMO, this is a battle between each parents' pride and deals alot with issues of control.

Unfortunately, visitation orders are made... then someone moves out of state (or a couple hundred miles away) and the travel time is not even incorporated into any figures. The order is not modified or revisited. (regardless if move was approved by the court.)

Or is modified or revisited for different reasons.(money)

Happens too many times....and the Kids are the ones 'hung out to dry'.

 

[stealth2]

I didn't read the whole thread, but one thing stuck out - that it's impossible to make up any of the testing. I find that difficult to believe - every state testing I know of has make-ups for kids who are ill or otherwise miss the original test date.

 

[BelizeBreeze]

I didn't read the whole thread, but one thing stuck out - that it's impossible to make up any of the testing. I find that difficult to believe - every state testing I know of has make-ups for kids who are ill or otherwise miss the original test date.

Now that's funny...didn't someone else say that a LOOOOOOONG time ago

 

[elizabeth2]

Of course you can take the test if you're sick on that day. It is not given again until two months later so it can be harder to get a good grade if you haven't been doing course work for two months.
I've also had some other thoughts. First, I'm sure there must be an eighth grade graduation ceremony, does the dad want his child to miss that also? Couldn't he come for father's day,let child take tests, attend graduation and then they both return to Florida?
Second, it is a state law that children attend school. The only legal reasons to miss school are illness or death in family. Can the order make the child have an illegal absence? In many districts the parents are held responsible for truancy. Also many schools do not allow students to make up work when the absence is illegal.
Of course all our points are mute because sadmom doesn't want to hear anymore. I did have one more question for her though...she says she spent thousands of $ on lawyers yet when the actual agreement was written she just signed it w/o even having a lawyer look it over. Seems like this is where the money would have been better spent.

 

[LdiJ]

I didn't read the whole thread, but one thing stuck out - that it's impossible to make up any of the testing. I find that difficult to believe - every state testing I know of has make-ups for kids who are ill or otherwise miss the original test date.

In my state that depends on whether or not the absence is considered to be "excused".

 

[CJane]

In my state that depends on whether or not the absence is considered to be "excused".

The thing is, we don't even know (and neither does mom) that the child WOULD miss school on that Monday. Mom assumes that dad will return the child late, but doesn't know that would happen.

It's possible that DAD is reasonable enough that if the situation is explained, he would ensure the child is returned Sunday evening.

 

[Ithildriel]

The thing is, we don't even know (and neither does mom) that the child WOULD miss school on that Monday. Mom assumes that dad will return the child late, but doesn't know that would happen.

It's possible that DAD is reasonable enough that if the situation is explained, he would ensure the child is returned Sunday evening.

Exactly. Mom just doesn't want Jr. to go.

 

[LdiJ]

Exactly. Mom just doesn't want Jr. to go.

I am not sure that is a fair assessment...it appears that dad has not returned the child on time in the past....and now something important (testing) is going on and mom is concerned/worried.

I am not saying that it gives mom the right to deny visitation/parenting time, simply that mom's concerns/worries may be valid.

However, I do think that mom should have a talk with the school and explain her worries/concerns. She may find enough support there to aleviate her concerns....or she may find out that her concerns are serious enough to merit an attempt to get back in court on an emergency basis.

Sorry....but I see an awful lot of parents who come here with valid concerns....and we shoot them down without at least suggesting avenues that they could try to resolve a particular issue.

 

[Ithildriel]

I am not sure that is a fair assessment...it appears that dad has not returned the child on time in the past....and now something important (testing) is going on and mom is concerned/worried.

I am not saying that it gives mom the right to deny visitation/parenting time, simply that mom's concerns/worries may be valid.

However, I do think that mom should have a talk with the school and explain her worries/concerns. She may find enough support there to aleviate her concerns....or she may find out that her concerns are serious enough to merit an attempt to get back in court on an emergency basis.

Sorry....but I see an awful lot of parents who come here with valid concerns....and we shoot them down without at least suggesting avenues that they could try to resolve a particular issue.

You could be right, but I just don't get that feeling from this poster. She had one incident where the child wasn't returned on time. Also, she asks at the end of her first post if the court will listen to her 12 year old who would rather spend his summer with his friends than dad, and dad wont budge. She's trying to cut down on dad's time. Maybe she thinks her motives are in the right place, but it just seems like she is not being supportive and nurturing of jr's relationship with ncp. JMHO.

 

[stealth2]

Second, it is a state law that children attend school. The only legal reasons to miss school are illness or death in family. Can the order make the child have an illegal absence? In many districts the parents are held responsible for truancy. Also many schools do not allow students to make up work when the absence is illegal.

Courts can and have ordered visitation in such a way as the child misses some amount of school. As long as it is in writing with a judge's signature, most school districts will accept that as an excused absence. BTDT.

 

[BelizeBreeze]

I am not sure that is a fair assessment...it appears that dad has not returned the child on time in the past....and now something important (testing) is going on and mom is concerned/worried.

I am not saying that it gives mom the right to deny visitation/parenting time, simply that mom's concerns/worries may be valid.

However, I do think that mom should have a talk with the school and explain her worries/concerns. She may find enough support there to aleviate her concerns....or she may find out that her concerns are serious enough to merit an attempt to get back in court on an emergency basis.

Sorry....but I see an awful lot of parents who come here with valid concerns....and we shoot them down without at least suggesting avenues that they could try to resolve a particular issue.

The only problem with that assessment LDIJ is that MOM has known or should have known about this testing (if acutually existing) since the beginning of the 8th grade) That is 9 months from the time of the test. If the concern were so prevelant that she had concerns about the child not being returned, or she had paid attention to the order, she would have had ample time to addess her concerns through the proper channels.

As I said earlier, this 11th hour 'concern' is not sufficient grounds to bring a modification petition before the court before the date of the testing.

Mom had the responsibility in this matter and she didn't care enough to do anything about it until now.