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 Ireadthelist » Tue Oct 31, 2017 11:06 am

Post by Tom Kirkpatrick » Mon Oct 30, 2017 10:22 pm

The judge tipped her hand. She's also giving legal advice from the bench - in your favor.

I trust you ordered a transcript. At your next hearing, you may need to hold the judge accountable for what she said.


This was in the original, final judgement, from three plus years ago. The original judge made no provision for homeschool, and it was pretty clear, with several references to school district being the mothers designation, references to our counties school calendar, etc, that he made no provision for anything but public school. This is why, when the mother unilaterally started homeschool over my objection, and registered s5 with the state for home education without my consent, my lawyer and I and this board thought I had grounds for a contempt ruling. However, that was not successful....I did order transcripts, yes....


Ireadthelist wrote:
.....my lawyer objected to their testimony.....
Your attorney can think on his feet. He set the play in motion for what's to come. Specifically, his objection is "preserved" for the next hearing and beyond. Well done.



My attorney was flat out amazing. She probably voiced 35 objections in the 2.5 hour hearing, and 99 percent of them were sustained by the judge. Opposing counsel was spinning in circles....
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Mon Jan 22, 2018 3:53 pm

Hey Guys,
I wanted to update this post with the good news and final outcome of this motion.Today I was awarded final decision making authority in regards to education, authority to vaccinate the child in compliance with Department of Health Guidelines, and the child was ordered to attend public school in the district of my choosing-either mine or the mothers- starting next school year. I have been strategizing and planning for this outcome, with the boards help, for over three years. Thank you guys so much for your advice and help during this process. It has been a long road and a lot of money spent on time and lawyers but I got what was best for our son!
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Started Over » Mon Jan 22, 2018 4:55 pm

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

Unread postby Tom Kirkpatrick » Mon Jan 22, 2018 5:17 pm

Way to go, Bro.

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

Unread postby Trevor » Mon Jan 22, 2018 8:31 pm

Dude! Great news!
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby LovingDadof2 » Tue Jan 23, 2018 8:12 am

Excellent work! You worked hard and should take a moment to reflect.
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Ireadthelist » Mon Jan 29, 2018 3:24 pm

Thanks for the congrats guys:) Definitely taking the time to reflect and appreciate this moment...


It`s just been a week and already former wife is saying she is going to file an appeal, but the ruling was pretty ironclad and included the judges` thoughts on why she made the ruling and how it was in the best interest of the child. My lawyer and I don`t see how she would have a chance with the appeal-the only effect is more drama, and more lawyer fees. She has a "friend" who is a lawyer doing the work for free, so she could care less about the cost, whereas I am billing $250 an hour if she keeps this going. Already spent about $6k on getting this one ruling, even with the initial work prose.

So, life goes on. At least now I am in a position of strength as I proceed forward and she is literally forced by the ruling to work with me on the school I choose...the trick is going to be, as the rubber hits the road and s6 starts attending school this fall, all that will go with that if she fights me on it. If she is consistently late bringing him to school as I anticipate she will be, that will be a continual battle(she tends to sleep late and does`nt like getting up early). I have already offered to pick him up every morning while he is with her and take him to school to save her the trouble, but she has declined...
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby Tom Kirkpatrick » Mon Jan 29, 2018 3:56 pm

Ireadthelist wrote:.....former wife is saying she is going to file an appeal.....
Appeal aside, this is a strong signal that, although divorce may have been finalized, the war is far from over.

Ireadthelist wrote:.....the ruling was pretty ironclad and included the judges`thoughts on why she made the ruling and how it was in the best interest of the child.
You want judge's thoughts "preserved" in your personal file.
I think you should order transcripts. Your decree won't reflect judge's thoughts.

Q: Who is writing the decree??
I certainly hope it isn't OC. But if it is, you're gonna hafta go over it with a fine-toothed comb. Compare what is written vs what judge said - via transcripts.

Ireadthelist wrote:.....as the rubber hits the road and S-6 starts attending school this fall..... I have already offered to pick him up every morning while he is with her and take him to school to save her the trouble, but she has declined.....
As fall term approaches, continue making offers to take S-6 to school. Document her refusals in your well-written journal.
Although divorce has been finalized, journaling should continue - albeit at a relatively slower pace.

Ireadthelist wrote:She has a "friend" who is a lawyer.....
Make no mistake, NJ is being coached; even post-divorce.

Ireadthelist wrote:At least now I am in a position of strength.....
Tempting though it may be, this is not the time to rest on your laurels. You must never underestimate the other side.

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

Unread postby Ireadthelist » Mon Jan 29, 2018 4:39 pm

You want judge's thoughts "preserved" in your personal file.
I think you should order transcripts. Your decree won't reflect judge's thoughts.

Q: Who is writing the decree??
I certainly hope it isn't OC. But if it is, you're gonna hafta go over it with a fine-toothed comb. Compare what is written vs what judge said - via transcripts


I was fortunate. Judge asked both sides to write the decree they wanted in a word format, so she could modify as needed. She threw out the other sides` entirely, and used 3/4 of the language in ours. We put a summary of the opposing sides arguments that were presented in court and why they were invalid in our potential decree-and the judge preserved all of the wording to the letter. I did order transcripts and have them if needed.

As fall term approaches, continue making offers to take S-6 to school. Document her refusals in your well-written journal.
Although divorce has been finalized, journaling should continue - albeit at a relatively slower pace.


Good idea. I will.


Tempting though it may be, this is not the time to rest on your laurels. You must never underestimate the other side.


I hear you. I just feel with a decree like this-giving me sole full educational decision making authority- and an order written like this, as long as I continue to behave reasonably and in the child`s best interest and document as such there is not much room for me to have to worry about getting that shared authority back. I want to work with her when I can and take her views and desires into account, but it`s pretty amazing to have that final authority on the decisions...
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Re: Filing a motion on home school vs public -Prose or a Law

Unread postby HaltAndCatchFire » Thu Feb 01, 2018 1:29 pm

Just curious, did school rankings ever tip the scale in your outcome? Like you, my former attorney seemed to think our judge would take rankings into consideration, if it got to that point.
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