Filing a motion on home school vs public -Prose or a Lawyer?

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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Tom Kirkpatrick » Wed Mar 22, 2017 10:27 pm

Ireadthelist wrote:I did some research today, and it looks like the last window to enroll D5 for the fall term is early April.
You've gotta take charge of your situation, Bro. Contact NJ; "Last chance for fall enrollment is early April."

Tom
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby AtticusFinch » Thu Mar 23, 2017 9:16 am

It seems that the school district you live in is different than the school district the mom lives in.

Is this correct?
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Chaos » Thu Mar 23, 2017 11:22 am

If it's a public school, there's no deadline, regardless of what the website says. You have time but start now anyway.
If you can't be a good example, you'll just have to serve as a horrible warning.
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Fri Mar 24, 2017 1:01 am

Post by AtticusFinch » Thu Mar 23, 2017 9:16 am

It seems that the school district you live in is different than the school district the mom lives in.

Is this correct?


That`s right-we live 10 minutes away from each other but different districts

I`m filing the motion today to get things started; the deadline has elapsed for her to respond for my request for mediation. Thanks guys, I`ll let you know how things turn out. My lawyer says it may take a few months for a court date....
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Tom Kirkpatrick » Fri Mar 24, 2017 11:48 am

Ireadthelist wrote: My lawyer says it may take a few months for a court date....
How 'bout getting a temporary order in ex parte??

Tom
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Fri Mar 24, 2017 12:43 pm

Tom,
Interesting idea; I ran it by my lawyer and he thought, in his experience with this judge, it was best just to proceed with the motion to enforce. There`s a chance the issue will be heard before school initiation this fall, but with it being a public school missing the registration dates is not crucial and he can still get in. I`m going to wait and see what the scheduled hearng date comes back as, and may take that route if it is pushed out....
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby AtticusFinch » Thu Mar 30, 2017 2:17 pm

You might want to consider moving into the same school district as the mother in the future. It sounds like it wouldn't be that inconvenient geographically and, if you ever were interested in more parenting time, it would be disadvantageous to live in different school districts.

Hopefully, you have in your agreement that you and the mother are each entitled to any and all school records.

Even though I had that in my agreement, there were numerous times over the years that I had to contact the school/district because I didn't receive a notice his mother did.

I mention this because what I did, and what I suggest you do during this interval before your court date, is personally visit the district's office, and/or the school itself, introduce yourself, explain why you're there and what you need, and get some friendly face time with the staff there.

In the admittedly unlikely event that the school district will be involved in your legal case, they'll already recognize your name as the Superdad that's taking a keen interest in his child's education.

But, setting aside the court issue, I found it to be a very useful and worthwhile investment of my time for the 12 years of my son's schooling.
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Sat Apr 01, 2017 2:12 pm

Thanks Atticus for the advice; we are both entitled to all school records. I am perfectly fine with him being in her district. We are close enough that its not much of a drive for either of us, and the school ratings are similar.

Looks like this is going to mediation first now...
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Sun Jun 18, 2017 7:44 am

Just thought I would post an update on the status of my case for the board`s reference--

I submitted a request for mediation through the courts; mother delayed as long as possible to schedule then scheduled as far out as possible to delay. I hired a lawyer to look over what I was doing, who knew the judge. He said that, in his opinion, there was really no reason to hire him unless she hired counsel. I was making the right moves, and the judge presiding over the case typically "took over"matters like this in the courtroom and made authoritative decisions without much input from counsel.

We went to mediation and , after two hours, came to a stalemate. She told the mediator that she would like to see D5 go to homeschool now, then transition out around 8th grade-but she would take his input and play it by ear at that time. I , of course, would like to see him go into public school in her district in kindergarten this year.

After mediation, I filed a motion for contempt and to enforce the fj language of specifying that parents should discuss the school calendar of our county every year, and that the school district was designated to be the mother`s. I requested the judge to enforce the mother enrolling the child in the elementary school in her district as the fj stipulated.

So far, its been over a month and no response from the courts. I`ll let you guys know when I do hear from them...
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Tom Kirkpatrick » Sun Jun 18, 2017 11:37 am

Ireadthelist wrote:He said.....there was really no reason to hire him unless she hired counsel.
It's no foregone conclusion Bro, NJ is stalling for time and, what's worse, your attorney is putting you off. You're trapped in a revolving door and spinning your wheels. Round and round you go.....ad infinitum.

Q: Do you see where this is going?? When (if ever) will you get this in front of a judge??

FYI - Cases don't manage themselves, Bro. If you don't, who will??
Bottom line: It's your job to manage your case personally and proactively.

If Attorney-A isn't interested, find Attorney-B. It's not like you haven't had plenty of time.

BTW - You first brought this to the forum's attention a year ago: viewtopic.php?f=5&t=76116

Tom
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