I'm Back Again

[LdiJ]

I don't think that's right.

If Mom is still the legal parent, the school CAN get in trouble for not releasing the child when Mom requests. The school has no way of knowing when it's Mom's time or not. Same thing for the neighbor down the street.

Of course, if Mom takes the child when it's not her time (and if there's no ROFR), Dad can file for contempt. But the school can't get in the middle of it.

I think that CJane knows better for MO than any of the rest of us.

I know that OG is very hot on the issue that a school or daycare cannot refuse to release a child to a parent, absent a restraining order, but she is honestly the only attorney I have ever known who has said that.

 

[CJane]

I don't think that's right.

If Mom is still the legal parent, the school CAN get in trouble for not releasing the child when Mom requests. The school has no way of knowing when it's Mom's time or not. Same thing for the neighbor down the street.

Of course, if Mom takes the child when it's not her time (and if there's no ROFR), Dad can file for contempt. But the school can't get in the middle of it.

The school DOES know when it's Mom's time. The school has the order on file, if the parents have done their job.

The judge in my case, and the attorney's that I know in the state have all made it VERY clear that an order does not just GRANT access during specific times. And order also RESTRICTS access. If the order says Mom has e/o weekend from Friday after school until Monday AM, and she shows up on Tuesday? No one has to release the kiddos to her. She's expected to follow the order.

 

[mistoffolees]

The school DOES know when it's Mom's time. The school has the order on file, if the parents have done their job.

The judge in my case, and the attorney's that I know in the state have all made it VERY clear that an order does not just GRANT access during specific times. And order also RESTRICTS access. If the order says Mom has e/o weekend from Friday after school until Monday AM, and she shows up on Tuesday? No one has to release the kiddos to her. She's expected to follow the order.

What about the Federal law that OG has cited many times?

 

[CJane]

What about the Federal law that OG has cited many times?

Linky?

I'm speaking to my experience in my state, and what I've been told by a judge and several attorneys as well as other people who have orders in my state. Also, what I've been told by the superintendent of our schools.

I don't recall a Federal statute being posted which requires schools/third parties/anyone at all to ignore a court order and release children to someone upon demand.

 

[mistoffolees]

Linky?

I'm speaking to my experience in my state, and what I've been told by a judge and several attorneys as well as other people who have orders in my state. Also, what I've been told by the superintendent of our schools.

I don't recall a Federal statute being posted which requires schools/third parties/anyone at all to ignore a court order and release children to someone upon demand.

I don't have it - but OG has cited it several times. According to OG's statement, a school may not under any circumstances interfere with a parent's right to pick up their child - without regard to what the visitation schedule says. IIRC, if there's a court ordered restraining order, that would be the only exception.

It is discussed here.
https://forum.freeadvice.com/child-custody-visitation-37/school-principle-got-involved-568290.html

 

[CJane]

I don't have it - but OG has cited it several times. According to OG's statement, a school may not under any circumstances interfere with a parent's right to pick up their child - without regard to what the visitation schedule says. IIRC, if there's a court ordered restraining order, that would be the only exception.

It is discussed here.
https://forum.freeadvice.com/child-custody-visitation-37/school-principle-got-involved-568290.html

Sure wish there was a citation in that thread.

Why would a restraining order have more power than a custody/possession order?

 

[mistoffolees]

Sure wish there was a citation in that thread.

Why would a restraining order have more power than a custody/possession order?

I'm hoping OG will respond since she knows where it comes from.

I can easily see a restraining order having more power than a custody/visitation order. A restraining order is invoked only if there is a clear danger to the child. A custody order will say that parent A has primary custody, but that doesn't mean that the child is in danger in the presence of parent B. In fact, without a restraining order, it is assumed that either parent is NOT a danger to the child.

 

[muchneededhelp]

Sure wish there was a citation in that thread.

Why would a restraining order have more power than a custody/possession order?

Wouldn't a RO imply a danger to protect the minor from?

 

[CJane]

I'm hoping OG will respond since she knows where it comes from.

I can easily see a restraining order having more power than a custody/visitation order. A restraining order is invoked only if there is a clear danger to the child. A custody order will say that parent A has primary custody, but that doesn't mean that the child is in danger in the presence of parent B. In fact, without a restraining order, it is assumed that either parent is NOT a danger to the child.

No one said anything about danger to the child.

What I'm saying is that according to the experts in MY state, if an order is specific as to parenting time, no one is obligated to turn the child over to a parent just because the parent shows up.

Now, MIGHT the school? Yes. Are they REQUIRED to? No. Will they face trouble with the law if they do not? No.

If A*Hat showed up at Twain's school tomorrow, you can rest assured that they would NOT allow him to take the child out of the building. They likely wouldn't even grant him a pass to get beyond the office. Why? Because he doesn't have a court order that GRANTS him access to the child.

 

[AkersTile]

Got kiddo enrolled in school in our town today. She and I both spoke with the principal. He said that the school cannot prevent Mom from picking kiddo up because they have joint custody, but they will notify me if Mom comes to get kiddo. As long as I am there before Mom leaves with kiddo, and I have the proper paperwork (CO and my POA), then kiddo can either stay at school or go home with me. Principal is allowing kiddo to have her cell phone on her at school so that she can get ahold of me if Mom does show up to try to get her.

This is what Hubby's lawyer has told me to do and the principal agreed to all of it so hopefully I am doing exactly what I am supposed to and nothing I have been told to do can be used negatively against Hubby.