Should he go ahead and go for it?

[WAstepmom]

What is the name of your state?WA

My husband's ex has the physical custody of his two kids and he gets them every other weekend. I guess their parenting plan says that they share a legal custody over decisions like education and etc. To make long story short, they have some problems currently and been in a mediation process for over 8 months and didn't get anywhere. My husband tried to go to court since the mediation wasn't working, but she insisted on trying mediation one more time and he agreed. But recently, we just found out that she is moving the kids out of their current school district into a different one that has a reputation of being not the "best". He did some research on their possible new school and the WASL test scores where way below national average in every grade and the neighberhood poverty level is 76%. Lots of robery and rape.....
The reason they're moving is because they're buying a house there, probably cuz it's cheaper. My husband doesn't mind them moving and changing schools, but not to a school that they're will be going to. He wants the school to be equivalant quality as the one they're currently in.
Plus, the state law says that if the custodial parent is moving kids out of school district, she has to give 60 day prior notice to the non-custodial in a form of writing and the non-custodial has 30 days to object it. She didn't give any formal notice, we just found out they're moving end of this month. My husband talked to his lawyer and he said he'll file a motion if he wants to, but he is not sure if it will get anywhere. Also, he wants to request her to pay for the attorney fees because of this. I just don't know if he should go ahead go with decision or just have them move. I know that he has every legal right to file motion to stop his kids from moving, but they already have too many conflicts and I'm afraid that this will bring back all her harrassments and sleepless nights she causes to us....... I just want third person opinion on this, please............

 

[LdiJ]

What is the name of your state?WA

My husband's ex has the physical custody of his two kids and he gets them every other weekend. I guess their parenting plan says that they share a legal custody over decisions like education and etc. To make long story short, they have some problems currently and been in a mediation process for over 8 months and didn't get anywhere. My husband tried to go to court since the mediation wasn't working, but she insisted on trying mediation one more time and he agreed. But recently, we just found out that she is moving the kids out of their current school district into a different one that has a reputation of being not the "best". He did some research on their possible new school and the WASL test scores where way below national average in every grade and the neighberhood poverty level is 76%. Lots of robery and rape.....
The reason they're moving is because they're buying a house there, probably cuz it's cheaper. My husband doesn't mind them moving and changing schools, but not to a school that they're will be going to. He wants the school to be equivalant quality as the one they're currently in.
Plus, the state law says that if the custodial parent is moving kids out of school district, she has to give 60 day prior notice to the non-custodial in a form of writing and the non-custodial has 30 days to object it. She didn't give any formal notice, we just found out they're moving end of this month. My husband talked to his lawyer and he said he'll file a motion if he wants to, but he is not sure if it will get anywhere. Also, he wants to request her to pay for the attorney fees because of this. I just don't know if he should go ahead go with decision or just have them move. I know that he has every legal right to file motion to stop his kids from moving, but they already have too many conflicts and I'm afraid that this will bring back all her harrassments and sleepless nights she causes to us....... I just want third person opinion on this, please............

If the new school district is within the same basic community...therefore does not effect/impact dad's time with the kids, then its REALLY unlikely that a judge will stop the move....its also unlikely that a judge would order her to pay his legal fees either.

 

[WAstepmom]

You're right. It doesn't effect his time with the kids, but do you think the judge will take into consideration that the school district is bad and she also didn't involve him in the decision making process or is it gonna sound like he is just looking for a reason to get her?

 

[LdiJ]

You're right. It doesn't effect his time with the kids, but do you think the judge will take into consideration that the school district is bad and she also didn't involve him in the decision making process or is it gonna sound like he is just looking for a reason to get her?

Again...I honestly don't see it going anywhere. Also..you can put anything that you want into an agreement but there are some things that its questionable whether or not the judge can enforce. When it comes to issues that begin to infringe on constitutional rights.....which restricting a school district within where a cp can reside starts hitting that point....then a judge doesn't have the power to enforce the agreement or will be uncomfortable with attempting to enforce the agreement.

The bottom line is that the move has no effect on dad's time with the kids...therefore there is little chance that a judge would prohibit the move.